CHP 6 Flashcards

(38 cards)

1
Q

What is the highest court in Canada?

A

Supreme Court Of Canada in Ottawa, Ontario

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2
Q

Where is the Appeal Court of BC located?

A

Downtown Vancouver

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3
Q

What is the role of a Sheriff in the courtroom?

A

A Crown-appointed official who acts as a part of the justice administration system

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4
Q

What is a Peremptory Challenge?

A

A formal objection to a potential juror for no specific reason by the Crown or defence

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5
Q

How many peremptory challenges are allowed for first-degree murder charges?

A

20 challenges

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6
Q

How many peremptory challenges are allowed for charges where the penalty is over 5 years?

A

12 challenges

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7
Q

How many peremptory challenges are allowed for charges where the penalty is under 5 years?

A

4 challenges

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8
Q

What is the role of a Court Recorder/Stenographer?

A

The person who documents court proceedings

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9
Q

What does a Court Clerk do?

A

Keeps records and files, and processes documents for a court

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10
Q

Who is the Defence Counsel?

A

Legal representative of the accused to ensure their rights are protected

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11
Q

What is the Adversarial System?

A

The law system in which 2 or more opposing sides present their case in court

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12
Q

What is Voir Dire?

A

A type of mini-trial held within an actual trial to decide if certain evidence is admissible

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13
Q

From what list are potential jurors selected?

A

Potential jurors are selected from the ‘Voters List’

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14
Q

What happens during the Arraignment stage?

A

The court clerk reads the charges to the accused and the accused enters a plea

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15
Q

Why does the Crown present evidence first in a criminal trial?

A

To prove the accused guilty, allowing the defence to prove innocence

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16
Q

What type of question can a lawyer not ask during Examination in Chief?

A

Leading questions that contain desired answers

17
Q

What is the difference between Direct evidence and Circumstantial evidence?

A

Direct evidence is proof of a fact; Circumstantial evidence is proving a fact with information from another fact

18
Q

What is the legal purpose of a Voir Dire?

A

To decide whether a piece of evidence can be admitted in court

19
Q

What is Hearsay Evidence?

A

Information that doesn’t come from the direct experience of the witness

20
Q

What is Opinion Evidence?

A

Information based on the thoughts of the witness, usually an expert

21
Q

What type of evidence can be obtained through electronic devices?

A

Evidence found through electronic devices can be admitted if obtained justly

22
Q

Who decides the verdict in a Judge and jury criminal trial?

A

The jury decides the verdict

23
Q

What happens if there is a hung jury?

A

The judge may dismiss them and the trial may be tried again in front of a new jury

24
Q

What is Privileged Communications?

A

Confidential communication that can’t be disclosed

25
What is the purpose of photographs in court?
Pictures of the crime scene can be used in court
26
What is Similar Fact Evidence?
Evidence that shows a pattern of behavior related to the crime charged
27
What is Illegally Obtained Evidence?
Evidence obtained in violation of the law
28
What is the purpose of a Sentencing hearing?
To determine the minimum and maximum punishments for the convicted
29
What is a Victim Impact Statement?
A statement from the victim regarding the impact of the crime
30
What are the goals of sentencing?
* Deterrence * Rehabilitation * Retribution * Restitution
31
What is Deterrence in the context of sentencing?
To promote respect for the law and maintain a just, peaceful, and safe society
32
What is Rehabilitation?
To help an offender successfully reintegrate back into society
33
What does Restitution require from the offender?
To repay the victim to reduce the impact of the offence
34
What factors does a judge consider when sentencing?
* Crown Submission * Charter * Defense Submission * Pre-Sentence Report * Criminal Record * Plea Negotiations * Public Opinion * Availability of Resources * Pre-Trial Custody * Guilty Plea * Precedents * Sentencing Principles * Community * Criminal Code of Canada * Parole Rules * Victim Impact Statement
35
What is the flow of a Criminal Trial?
* The Accused is arraigned * The Jury is selected * Crown presents opening statements * Crown examines witnesses * Direct examination (Crown) * Cross-Examination (defense) * Defence can bring a motion from dismissal * If a judge agrees, they will enter a directed verdict of not guilty * If a judge doesn't agree, the trial continues * Defence presents opening statement * Defence examines witnesses * Direct examination (defence) * Cross-Examination (Crown) * Crown rebuts * Defence presents surrebuttal * Counsel delivers closing arguments * Jury deliberates * Jury returns a verdict
36
What are Mitigating Factors?
Information that might result in reduced charges or a lesser sentence
37
What is the Gladue Principle?
Judges must consider systemic and background factors of Indigenous offenders during sentencing
38
What landmark decision is associated with the Gladue Principle?
R. v. Gladue, a Supreme Court of Canada decision from April 23, 1999