Crim 131 Midterm #2 Flashcards
With the exception of Nunavut, is the court system in each province/territory composed of provincial courts and superior courts?
Yes
Aboriginal Courts: What does the text say?
- Every attempt is made to explore all possible sentencing options and alternatives to imprisonment.
- Have been found to reduce rates of recidivism for Aboriginal offenders
- Alternative sentencing as per s.718.2(e) of the criminal code
The principle of judicial independence is essential to…
The proper functioning of the courts. The principle holds that citizens have the right to have their case tried by tribunals that are fair, impartial, and immune from political interference. Also applies to juries
What are the most frequent cases heard in adult criminal court?
Impaired drive and common assault
Are judges at both the provincial and federal level appointed by the federal government?
No. Provincial Judges are appointed by the provincial government, and Judges from the superior courts are appointed by the federal government
Do Aboriginal courts provide restorative justice?
Yes
Drug treatment courts are designed to…
- Provide an alternative forum for responding to offenders convicted of drug offences
- The approach is non-adversarial and offers couselling and treatment programs
- A diversion from the traditional court system
Domestic violence courts….what do they do?
*provide a mechanism for early intervention
Stare Decisis
The principle by which the higher courts set precedents that the lower courts must follow
A fundamental principle of common law is…
- based on the principle of precedent and the doctrine of stare decisis
- court proceedings are strictly adversarial
- must be fit to stand trial
- presumption of innocence
- Crown bears the burden of proof
- Doli incapax
- Attempts are crimes
What is a kep concept in retributive sentencing?
*proportionality- the sentence handed down should be proportionate to the gravity of the offence and to the convited person’s degree of responsibility
Where are nearly all criminal bases begun and disposed of?
Provincial court
Explain the supreme court of Canada
- established under Constitution Act 1867
- 9 judges appointed from different regions in Canada
- Court of last resort-decisions are final
- only eligible to appeal to a higher level when at least one appellate court judge dissents
Supreme Court decisions often involve
- Involve interpretations of the Charter or complicated issues in private or public law
- must have permission to appeal a lower court decision
- “reference”, federal government asks SCC for legal opinion on important legal question
How frequently are charges not laid in cases involving violent crime and property crime that are cleared by the police?
33%
Describe the use of plea bargaining in criminal cases in Canada
- used frequently
- convicts innocent people, many people will accept the plea just to “get it over with” and move on
- closed process that is not subject to public scrutiny and threatens the rights of the accused
- does not follow any policy or guidelines and is subject to abuse
- reduces backlog of cases
- saves time and tax payer’s money
What category does the defence of challenging the admissibility of edivence gathered by the police, fall in?
Procedural
Which sentencing goals focus on the past conduct of the offender?
Retributive goals-denunciation and retribution
Define Remand
The status is accused persons in custody awaiting trial or sentencing
Define Absolute Discharge
A sentence wherein the accused is found guilty but does not gain a criminal record and is given no sentence
Define Suspended Sentence
A sentencing option whereby the judge convits the accused but tenchnically gives no sentence and instead places the offender on probation, which, is successfully completed, results in no sentence being given
Conditional Discharge
Similar to absolute discharge, but offender is placed on probation , and if the offender satisfies all the conditions within the specified period, they are discharged and deemed never convicted
What are some examples of mitigating factors
- intoxication/substance abuse
- lack of premiditation
- being provoked into self defence
- acting out of financial need rather than greed
What is the purpose of sentencing?
- deterrence for future misbehaviour
- protection of society
- denunciation of conduct
- rehabilitation of offender
- reparation for harm done
- accountability for actions
