Criminal Courts Part 1 Flashcards
(20 cards)
Are court proceedings open to the general
public?
Yes (you have the right to walk into any courtroom)
What is the principle that enables us to walk into courtroom
open court principle
Why do we have open court principle
public has the right to be informed and justice isn’t served in secret
Are there camera’s in court rooms? Exceptions?
No except for Supreme court
Publication ban
prohibits public and media disseminating information of certain individual (identity)
Who does the crown represent
behalf of the people and community
what does r. stand for
reginal/rex
What is the goal of the Crown in criminal
proceedings?
Burden of proof; Up to the crown prosecutor to prove beyond a reasonable doubt that the person is guilty
Goal of the defence
raise enough doubt that conviction cannot be made
Arraignment
inform accused of charge against tjem
How many defendant plead guilty?
90%
What happens if accused pleads guilty
sentencing date is given (no trial)
What happens if they plead “not guilty”
trial date is set
Preliminary hearing
court proceeding to determine if there is enough evidence for a trial
Who is a preliminary hearing reserved for
indictable offences punishable by 14+ years of imprisonment
What is the purpose of preliminary hearing (not definition)
avoid unnecessary trials
gives accused opportunity to see case against them
Plea bargain definition
agreement of accused to plea guilty for the promise of a benefit (lesser sentence)
Plea bargain: Charge bargaining
individual pleads guilty and in exchange the amount of charges against them is reduced
Plea bargain: Sentence Bargaining
Plead guilty for shorter sentence
Plea bargain: Procedural bargaining
plead guilty to hybrid offence and they will proceed with a summary conviction rather than an indictable offence
