Flashcards in 3 Deck (61):
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.
In society, the main goal of sentencing is
Retribution refers to
Punishment to avenge a crime
Imposing a penalty that discourages others from committing crimes is called
Punishment which is designed to condemn the conduct of an offender is called
The most lenient sentence is
If the conditions of a discharge are violated
the discharge is revoked and a more severe sentence is imposed
A sentence that is not carried out, provided certain requirements are met is
A suspended sentence
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
Performing community service or seeking treatment for drug addiction may form part of a(n)
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
A program that involves the offender’s taking responsibility for his or her actions, and includes mediation and conferencing is
A restorative justice program
Moderated discussions between individuals that allow them to talk about issues linked by a common crime is.
A victim-offender panel
Prison inmates are eligible for parole review
after they have served one-third of their sentence or seven years, whichever is less
By law, most offenders who have served two-thirds of their sentence are eligible for
For summary conviction offences, sentencing usually takes place
A pre-sentence report includes information on
Specific information about the offender's background
Three perspectives must be considered in the sentencing process.
the offender, the victim, society
Once the accused has been found guilty, whose job is it to recommend an
both Crown and Defence
Binding-over is imposed by a judge in order to
help ensure that a person keeps the peace and is of good behaviour
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
A prisoner who is a dangerous offender and an escape risk, is held in
Criminal law emphasizes
penalties for the guilty prevention of further crime
Who decides the actual penalty for an indictable offence in a given case
The trial judge
Cutting people off in traffic can result in criminal charges if
Injury occurs as a result
The adult federal and provincial correctional system costs approximately
3 billion annually
The approximate cost of keepin a offender in a federal penitentiary per year is
A judge can order that an accused, claiming of mental disorder, be kept in a psychiatric unit for a maximum period of
When a offender negotiates a deal by admitting guilt in exchange for a lighter sentence, it is referred to as
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
In British Columbia, the highest trial court is the?
B.C Supreme Court
The jury is normally selected from the
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
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.
With in what period of time must a person be charged with a summary offence?
Who has the primary burden of proof?
on the Crown has to prove the guilt of the accused beyond a reasonable doubt
Witnesses commit perjury if they
knowingly make false statements under oath
What is direct examination?
the first examination of a witness; also called “examination in chief
What is the purpose of a cross-examination?
test the accuracy of evidence given in witness's testimony
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
What is direct evidence?
testimony given by a witness to prove an alleged fact
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.
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
When can an objection be raised?
the witness is giving hearsay evidence
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
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
The burden of proof for the defence of mental disorder is shouldered by the
party that first raises it
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
Generally speaking, the defence of mental disorder is used only for
the most serious indictable offences
Intoxication can be used as a defence only for
crimes of specific intent
Violence may be used by the accused to defend himself provided that
only reasonable force was used
For the defence of necessity to succeed, the court must be convinced that
the act was done to avoid a greater harm
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.
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
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
An accused who advances the defence of alibi
need do no more than simply raise the defence supported by some evidence
The defence of officially induced error is acceptable only when the accused is charged
with having committed a(n)
An example of non-insane automatism is
The term "entrapment" refers to
illegal police conduct
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
-order a new trial.