CRIMINAL JUSTICE EXAM #3 Flashcards
(132 cards)
1
Q
Laying an information
A
An information is a written complaint, sworn before a justice of the peace that alleges what criminal offences were committed. The information is usually sworn by a police officer and it can be sworn either before or after the suspect is aware that police are pursuing charges
2
Q
appearance notice
A
If the offence is not serious and there is no reason to assume that the accused individual will not show up in court an appearance notice will be issued followed by the laying of an information. it will tell you the details of the allegations against you as well provide you with your pending court date.
3
Q
summons
A
a legal document issued by a justice of the peace that orders you to appear in court on a specific date; the summons is typically issued to you by a police officer.
4
Q
judicial interim release
A
it is essentially bail. it describes the release of an individual charged with a crime by a judge or justice of the peace pending a court appearance.
5
Q
plea bargaining
A
refers to “an agreement whereby an accused pleads guilty in exchange for the promise of a benefit”
6
Q
array
A
Before selecting individual jurors for a criminal trial courts must first establish a pool of community members from which to draw. This pool of eligible jurors is referred to as an array or panel
7
Q
continuance
A
an adjournment or delay in the trial proceedings for a period of time. Judges may delay a trial to allow for the impact of any pre-trial publicity to subside.
8
Q
voire dire
A
“trial within a trial”, is conducted by the judge in the absence of the jury to answer specific legal questions, such as the admissibility of evidence. Prospective jurors can be questioned about their exposure to pre-trial publicity. may actually increase the prejudicial effects of pre-trial publicity.
9
Q
charge to the jury
A
a set of instructions at the end of a trial concerning the decisions to be made in the case. Specifically, a judge can instruct the jury to ignore some evidence, such as information from pre-trial publicity.
10
Q
boomerang effect
A
Judicial instructions to ignore some evidence often has a boomerang effect – it serves to increase the prejudicial effects.
11
Q
reactance theory
A
people often respond to attempts to limit personal freedoms by making strong efforts to engage those same freedoms.
12
Q
change of venue
A
refers to an application to move the location of a trial. Attorneys can apply to have trials moved to locations where prospective jurors may be less familiar with case facts.
13
Q
opening statement
A
an initial statement by the Crown Attorney to the judge or judge and jury that summarizes the criminal charges, outlines the facts of the case, and summarizes how the evidence will be presented to support their case.
14
Q
Direct evidence
A
refers to any evidence that directly addresses or proves a fact
15
Q
circumstantial evidence
A
refers to any evidence that requires interpretation or the judge or jury to draw a conclusion about its validity or meaning.
16
Q
Testimony
A
oral evidence offered by a sworn witness on the witness stand
17
Q
closing arguments
A
provides summary of the major supporting evidence
18
Q
Probative value
A
refers to whether the evidence is useful and relevant to the case and the judge makes the determination.
19
Q
charge
A
refers to the judge’s instructions concerning what evidence they can and cannot consider, a summary of the positions of the Crown and defence, the role of the jury, and the meaning of beyond a reasonable doubt, among other legal issues that may have arisen during the trial.
20
Q
Summary conviction offence
A
a less serious criminal offence that is triable before a magistrate or judge and, on conviction, carries a maximum penalty of a fine (not to exceed $5,000) or six months in a provincial correctional facility, or both.
21
Q
Indictable Offence
A
Generally, a more serious criminal offence that may carry maximum prison sentences of 14 years to life; examples include murder, robbery, and aggravated sexual assault.
22
Q
Hybrid (Or elective) Offences
A
Offences that can be proceeded summarily or by indictment—a decision that is always made by the Crown
23
Q
Absolute jurisdiction of provincial/ territorial superior courts
A
When a less serious indictable and hybrid offense takes place, the accused must be tried in a provincial or territorial court, even if the Crown proceeds by indictment. There are no jury trials in provincial court.
24
Q
Preliminary hearing
A
A hearing to determine if there is sufficient evidence to warrant a criminal trial.
25
Publication ban
The court may order a publication ban to protect the identity of any victim or witness and is required to order a publication ban to protect the identity of all victims of sexual offences and witnesses of sexual offenders who are less than 18 years old.
26
Release by the police
The Jp gives police direction on whether accused should be detained or released
27
reverse onus
the accused must “show cause” why a release is justified
28
Remand
The status of accused persons in custody awaiting trial or sentencing.
29
Security certificates
A process whereby non-Canadian citizens who are deemed to be a threat to the security of the country can be held without charge for an indefinite period of time.
30
Open court principle
The principle that, with certain exceptions, every stage of the court process must be open and accessible to the public
31
The case for the crown
It is the task of the Crown to prove the guilt of an accused person beyond a reasonable doubt; if the Crown fails to do this, there can be no conviction
32
The trial
An act by the Crown to terminate or suspend court proceedings after they have commenced.
33
hearsay evidence
Evidence that is offered by a witness of which they do not have direct knowledge but, rather, their testimony is based on what others have said to them
34
The case for defence
At the close of the Crown’s case, the defence may enter either an insufficient-evidence motion or a no-evidence motion
35
Automatism
State of impaired consciousness
36
Provocation
Persons charged w murder can claim provocations to justify a reduction to the charge of manslaughter
37
Consent
Based on the argument that the complainant voluntarily agreed to engage in the activity in question.
38
Bill C-51
amends the Criminal Code to state that an unconscious person is incapable of giving consent and expands the “rape shield” provisions of the Criminal Code to include communications of a sexual nature or for a sexual purpose.
39
Battered woman syndrome
Experienced by women who have suffered chronic and severe abuse, battered woman syndrome (BWS) is a condition characterized by feelings of social isolation, worthlessness, anxiety, depression, and low self-esteem.
40
Procedural defences
This category of defence strategies focuses not on the guilt or innocence of the accused, but rather on the conduct of the police or prosecution, or perhaps the validity of the law itself. In common parlance, this is known as “getting off on a technicality.”
41
The jury
Juries are finders of fact while the role of the judge is to interpret the law, determine the admissibility of evidence, and instruct the jurors. It is the jury that will determine the guilt or innocence of the accused person.
42
Restitution
A court-ordered payment that the offender makes to the victim to compensate for loss of or damage to property
43
Criminal injury compensation
Financial remuneration paid to crime victims.
44
Bill C-41
passed to address public concerns with sentencing disparity.
45
Sentencing disparity
differences in sentences – either sentence length or type – between offenders convicted of similar offences.
46
Utilitarian sentencing goals
focus on altering the future conduct of an offender. Deterrence includes both general and specific deterrence.
47
General deterrence
refers to punishments that are designed to discourage like-minded offenders from committing a similar offence in the future
48
specific deterrence
refers to punishments that are designed to discourage an individual from committing another crime in the future.
49
Retributive sentencing goals
focus on the past – They attempt to assign a level of moral blame to the offender and reflect society’s intolerance of their transgressions. The expression ‘an eye for an eye’ is consistent with the intent of retribution in sentencing
50
Restorative sentencing goals
rooted in indigenous views and are focused on regaining a balance in the community and a restoration of relationships that previously existed and were disrupted by the criminal transgression.
51
concurrent sentence
refers to sentences that are amalgamated and served at the same time.
52
consecutive sentence
refers to sentences that run separately and are completed on after another.
53
intermittent sentence
a sentence that is served on a part-time basis, typically on weekends
54
Absolute Discharge
The offender is found guilty but is not technically convicted and is set free with no criminal record.
55
Conditional Discharge
The offender is found guilty and released on the condition that he or she comply with the conditions of a probation order. If the offender violates the conditions of the probation order they may be returned to court and sentenced on the original charge.
56
Suspended Sentence
The offender is convicted of the offence, but the imposition of the sentence is suspended contingent on the successful completion of probation.
57
Probation
The offender is placed under supervision in the community for a specified time under general conditions as well as potential specific conditions
58
Conditional Sentence
The offender receives a term of confinement and is allowed to serve it in the community under the supervision of a probation officer with specific conditions.
59
conditional sentence of imprisonment
for offenders who receive a sentence or sentences totalling less than two years.
60
Net-widening
refers to a situation in which an offender is subject to a more intrusive punishment than what they would normally receive for a similar offence
61
Sword of Damocles
Damocles is the moral story of a man who admires the power and privilege of his king, Dionysius, and is granted his wish to switch positions so he can experience Dionysius’ power firsthand. refers to the constant peril of breaching conditions and subsequent imprisonment that offenders may face when they receive a conditional sentence
62
Aggravating Factors
elements of the offence or the offender’s background that could result in a harsher sentence.
63
Mitigating Factors
elements of an offender or an offender’s background that could result in a lesser sentence.
64
pre-sentence report (PSR)
prepared by a probation officer at the request of the sentencing judge and presents information on the offender’s background, present situation, and risk or needs.
65
victim impact statement
a written statement that describes the harm or loss suffered by the victim of an offence. The court considers the statement when the offender is sentenced
66
Dangerous Offender
allow a sentencing judge to designate an offender a dangerous offender. The DO designation follows a conviction and results in an indeterminate sentence for the offender. According to the Criminal Code, the Crown Attorney must file an application to have the offender designated a DO with the approval of the Provincial Attorney-General.
67
serious personal injury offence
an indictable offence involving either (i) the use or attempted use of violence against another person or (ii) conduct endangering or likely to endanger the life or safety of another person or likely to inflict severe psychological damage on another person and for which the offender may be sentenced to imprisonment for ten years or more
68
Long-Term Offender
requires an offender to spend up to 10 years under supervision following the expiry of their sentence. The offender must be convicted of a serious personal injury offence where a sentence of two years or more would be generally appropriate.
69
victim crime surcharge
a way to provide funding for victim services
70
judicial determination
An order by the sentencing judge that the offender serve one-half of their sentence before being eligible to apply for parole.
71
judicial restraint order
Under Section 810 of the Criminal Code, you may lay an information before a justice of the peace (JP) if you have reasonable grounds to believe that another person will injure you, your spouse, your children, or your property.
72
the evil woman theory
holds that women offenders are likely to be more severely punished due to their violation of gender norms and values
73
Gladue report
A decision by the SCC which held that in cases where a term of incarceration would normally be imposed, judges must consider the unique circumstances of Indigenous people.
74
Gladue decision
A decision by the SCC which held that in cases where a term of incarceration would normally be imposed, judges must consider the unique circumstances of Indigenous people.
75
Collateral consequences (of sentencing)
The sanctions and prohibitions that are placed on persons convicted of criminal offences (and their families), particularly those offenders who have been incarcerated
76
Case law precedent
Law that is established by previous court decisions and based on the rule of precedent
77
Community impact statements
community impact statement describes to the court how the crime committed by the offender impacted the community impact statements
78
Circle sentencing
A restorative justice strategy that involves collaboration and consensual decision-making by community res-idents, the victim, the offender, and justice system personnel to resolve conflicts and sanction offenders.
79
Diversion
refers to any program, procedure, or practice that partly or entirely deals with criminal activity outside of the formal criminal justice system
80
Labelling theory
Focuses on the impact of labels or individuals and how the stigma that results from some labels can limit prosocial integration and opportunities
81
Stigmatizing shame
The focus is on the labelling of the individual as deviant, not the act, wherein deviant status becomes master status
82
Reintegrative shaming
reintegrative shaming involves community disapproval of an act, not the individual, wherein the stigma is reduced and the individual is encouraged to rejoin society.
83
Pre employment training model
Complete academic training, apply for a position in your respective province, and if hired, you would complete a training program administered by the provincial correctional services
84
Presentence report
A report that is intended to outline the background of the offender as well their level of risk and specific treatment need to assist a judge in determining the most appropriate sentence
85
Risk assessment
An evaluation or investigation process designed to accomplish two things:
1. Characterize the risk that an individual will commit a crime or violent act in the future
2. Develop strategies to manage or reduce that risk
86
Static risk factor
Refers to historical characteristics of the offender that predict future reoffending
87
Dynamic risk factors
Refers to characteristics of an offender that contribute to their risk but are changeable
88
Actuarial risk assessment measure
A decision making survey that follows fixed or explicit rules for identifying the presence of risk factors and assigning an overall level of risk
ex. the Violence Risk Appraisal Guide
89
Intermediate sanctions
A term used to describe a wide range of correctional programs that generally fall between probation and incarceration
90
Continuum of sanctions
Intended to fit in between the use of probation and incarceration. It incorporates both rehabilitative and punitive aspects
91
Offender oriented objectives
Intermediate sanctions are intended to provide an element of punishment as well as provide more control and supervision than offered by probation
92
System oriented objectives
Intermediate sanctions are intended to reduce rates of incarceration and offender recidivism rates
93
Shock deterrence programs
Programs that are used with young offenders and aimed at providing a brief but intense glimpse into the criminal justice experience
94
Rational choice theory
According to this theory, offenders are rational decision makers with free will
ex. the venture academy
95
A scared straight program
Refers to a deterrent or juvenile awareness program in which at risk youth visit a correctional facility where they are then confronted by inmate volunteers with stories about the realities of the prison
96
Intensive supervision probation
Another intermediate sanction that situates itself between traditional probation and incarceration by increasing the condition and supervision experiences by offenders on probation
Best suited for high risk offenders
97
Electronic monitoring
A correctional strategy that involves placing an offender under community supervision and then using electronic equipment to ensure that the conditions of supervision are fulfilled
98
Front ends EM programs
Part of the sentencing process and involve a judge ordering the use of an em bracelet to maintain public safety while allowing the offender to serve their sentence in the community
99
Back end EM programs
Part of the conditional release process and included as a condition of a temporary absence, work release, or parole
100
Victim offender mediation
take a restorative approach in which the victim and the offender are provided with the opportunity to express their feelings and concerns
101
Optional conditions
Conditions attached to offenders who are supervised in the community that are tailored to their specific risk and needs
102
the risk principle in probation
states that correctional interventions have a greater chance of success when they are matched with the offender’s level of risk, because higher-risk offenders benefit more than medium-and low-risk offenders.
103
the need principles in probation
To be effective, correctional interventions must address the criminogenic needs of offenders.
104
Responsivity principle
Correctional interventions should be matched to the learning styles of individual offenders, with particular emphasis on cognitive-behavioural interventions.
105
Pain of probation
The emotional and economic challenges that a probationer may experience while under probation supervision in the community
106
Corrections
the wide range of policies, programs, and structures that are delivered by governments, non-profit agencies and organizations, and members of the public to punish, treat, and supervise persons convicted of criminal offences
107
The reform era
offenders were viewed as inherently flawed. That is, crime was considered to originate from laziness and/or family instability. Stemming from this view correctional facilities were structured to be highly authoritarian and paternalistic institutions that focused on reinforcing “appropriate” morality and lifestyle choices with a heavy focus on religious training.
108
The Pennsylvania Model
the correctional institution where Inmates are kept separate from one another
109
Auburn Model
a correctional system that allowed inmates to interact with another during the day while holding them in individual cells at night.
110
Brown Commission
Concerns with the treatment of inmates at Kingston Penitentiary.
The Brown Commission would offer harsh criticism of the use of corporal punishment in the penitentiary while emphasizing the need for rehabilitation programs. In Canada this led major correctional changes that are referred to as the Rehabilitation Era
111
The Rehabilitation Era
influenced by the growth of psychology as a discipline. Its view of criminal behaviour was rooted in a medical model that saw criminal behaviour as the result of diseased or dysfunctional mental processes. The new focus on treatment and services that characterized the era tended to focus on therapy, vocational training, and education.
112
The Reintegration Era
characterized by the growth in various conditional release options and community correctional facilities that began to focus on social skills development in addition to vocational and educational training.
113
The Two year rule
refers to the split in correctional jurisdictions where offenders sentenced to two years or longer fall under the jurisdiction of the federal government while offenders sentenced to two years less a day fall under the responsibility of provincial or territorial governments.
-this provides a challenge for providing continuity of rehabilitative services
114
Millhaven Institution
A federal maximum security correctional institution
115
Maplehurst Correctional Complex
A provincial correctional centre that houses offenders sentenced to two years less a day
116
Detention centres
Jails that house offenders on remand (awaiting trial or sentencing), offenders sentenced to 60 days or less, or offenders awaiting transfer to a federal or provincial correctional facility
117
Treatment centres
Correctional institutions that provide specialized and intensive treatment for specific offender groups
118
Corrections and conditional release act
Federal correctional facilities are operated by the Correctional Service of Canada (CSC) and are governed by the Corrections and Conditional Release Act
119
National Parole board
the second federal agency that governs and manages federally-sentenced offenders. The NPB operates external to the CSC and is responsible for conditional release decisions and the supervision of offenders on conditional release.
120
Maximum security institutions
Highly controlled
| High security fencing
121
Medium security institutions
Less controlled
| Inmates have freedom of movement
122
Minimum security institutions
No perimeter fencing
| Unrestricted inmate movement
123
Static security
Refers to fixed security apparatus, such as security towers or security checkpoints used to maintain security in correctional facilities
124
Dynamic security
Refers to the approaches to ongoing interactions between staff and inmates adopted by institutions to maintain security in correctional facilities
125
Total institutions
Highly structured organizations that control and manage all aspects of daily life- that pursue conflicting goals
126
Administrative segregation
a legislative measure to ensure the safety of staff, visitors, and inmates and to maintain security
127
Classification
The process by which inmates care is categorizes through the use of various assessments instruments to determine the appropriate security level if the inmates
128
When are inmates placed in segregation?
Inmates are placed in segregation when they
(1) present a threat to the safety of the institution or an individual
(2) interfere with an investigation
(3) are at risk.
129
Custody rating scale
used to assess the most appropriate level of security for the placement of the offender
130
The statistical information on recidivism scale revised
used to assess that risk level of offenders excluding Indigenous offenders and female offenders
131
The correctional plan
Sets out the specific treatment needs for each inmate and the corresponding rehabilitative services needed and available
132
Temporary absence
A form of conditional release that allows an inmate to leave the correctional facility for a brief time periods to participating in employment or education opportunities, community activities, or family issues
