Midterm 2 Flashcards

Question

Describe the justification defense of consent

Answer 1

The accused contends that the victim was a willing party in the offense (agreement to fight, full contact sports) - Age of consent for sexual activity : 16 in Canada - Close in age exceptions : for ages 14-15 , can consent if individual is less than 5 years older than them. - For ages 12-13, can consent if individual is 2 years older or more. - If in context where age is reasonably assumed, person would not get convicted

Answer 2

Accused claims that they involuntarily commited an offense because they (or family / friends) were being threatened with present, or future harm - Ex : “Rob this bank, or I’ll shoot you” - Ex : Forcing someone to help dispose of a body

Answer 3

Accused claims they voluntarily comitted an offense to prevent a greater harm from happening - Does not apply if killing to canibalise to not die of hunger - Ex : Speeding because wife in labour

Answer 4

Accused argues that they inflicted harm on another person to protect themselves or others - Threat must be imminent - Only reasonable force is used

Answer 5

R. v. Lavallee - Angelique Lavallee was being abused by her partner, she hid in the closet and he hit her, he gave her a shotgun and told her to use it. She shot him while he was walking away. - Battered woman syndrome defense (falls under self defense) is an act of violence that arises in a situation of domestic abuse - Must be ongoing

Answer 6

When the police use leading or manipulative techniques to induce an individual into carrying out an offense - Providing opportunity is not entrapment - Inducing an individual to commit an offense they would not have otherwise is entrapment

Answer 7

The accused claims they were provoked into a violent reaction (adultry, insults, racism, etc.) - Applied until 2015 - Changes : _the provoking act must be an indictable offense_ - Can only apply if the crime of second degree - murder is what was provoked - _Partial defense : the charge of second degree murder is reduced to manslaughter_

Answer 8

When police bring in an individual, for questioning - Main : To get a confession from the suspect Other : - To provide police with incriminating statements - Discover stolen property / victims - To identify accomplices - To indicate suspects involvement in other cases

Answer 9

- Do not have the right to have a lawyer present during - Legal consult beforehand allowed. - After legal consult, interrogation begins - Lawyers allowed to be present if minor is being interrogated

Answer 10

- Suspect can choose to remain silent (police can continue to question them) - Lies during interrogation are obstruction of justice - Police are allowed to lie during interrogation - Cannot fabricate evidence - Accused does not have to provide a DNA sample (need warrant or consent) - Polygraph is not admissible in court (must be voluntary) - Police not required to record interrogations in Canada

Answer 11

1. Conditioning strategy 2. De-emphasizing strategy 3. Persuasion strategy

Answer 12

Interrogator encourages the suspect to relax and trust the interrogator - (voice, body language, making personal connections, offering food, informal small talk, telling them you're on the same team)

Answer 13

Encourages the suspect to think about others - (how this situation will impact others, having empathy for others). Goal is to make the suspect feel empathy

Answer 14

To encourage the suspect to talk so that their side can be heard

Answer 15

Pre modern (before 1820) Political era (1820-1940) Professional/ traditional era (1940 - 1980) Community policing era (1980 to present)

Answer 16

- Established by Indigenous people as a response to wrongdoing - Disputes resolved by tribal leaders - Varies according to region (different concepts of reconciliation and healing) - Often used the restorative approach - Shame and ostracism as a preventative measure - Some harsher punishment (death sentence and banishment)

Answer 17

- Politicians were central in police services - Mayors and council members often directed chief of police according to their will - If chief didn’t comply, they could be replaced - Officers wouldn’t stay long in the field (low morale) - Based on French and English municipal services - Inconsistent and mostly only in small towns - Municipal police officers were poorly trained, overworked and lacked benefits, responded to minor offenses - Provincial police meant to ensure sovereignty

Answer 18

- Gradually replaced political - Objective, reliant on science, and free from political interference - Used new tech (communications) - Standardization (fixed hours, equipment, detention practices) and training makes service consistent. Less individual variation - Some officers were represented by police unions

Answer 19

- Police advisory boards were established - Focus on citizen involvement, problem solving approach (preventing crime), decentralization (decision making closer to the front lines, patrols done on foot/bike) - Not favored by most officers (prefer traditional approach) - Best in healthy neighborhoods vs. unhealthy (have low trust in police) - Challenges : changes in crime due to tech, policing becoming more expensive

Answer 20

Innocent people convicted of commiting crimes #1 reason : eye witness testimony

Answer 21

- Memories are unreliable - May not remember correctly - Stress decreases reliability - Suggestibility / Suggestive interviewing - Bias (descriptions based on preconcieved notions) - People are not as good at identifying people of a different race / ethnicity - Memory fades over time - Vision (distractions, difficult lighting) - Substances - Weapon focus

Answer 22

In the presence of a weapon, we focus on it instead of the individual holding it

Answer 23

Voluntary false confession - Person voluntarily confesses to a crime without any pressure from the police - - Protecting someone (family, friends, etc.) - - Out of fear (threats from criminal) Coerced Compliant false confession - Individual confesses because of… - An intense interrogation - - Length of interrogation (fear, tired, isolated, hungry, etc.) - - Raising their voice, in your bubble, outnumbered - The use of lies Coerced-internalized false confession - An individual confesses because they falsely come to believe they are guilty - - Intoxication - - Mental health issues - - Influence of authority

Answer 24

Told person their parent had told them of childhood events (3 true, one lie) - Lie = you got lost in a mall by the pet store - Participants who believed added extra details - They remained confident in the reality of the fabricated memory after being informed of the experiment

Answer 25

Provincial - ALL court cases start here - Treats summary offenses Superior Court - More serious offenses are heard (indictable) Court of appeals Supreme Court of Canada - In Ottawa near parliament - Makes final decisions for cases all over the country - Highest level

Answer 26

- Impaired driving - Then theft - Then assault

Answer 27

A court order that prohibits anyone from publicly sharing info from the case that could reveal any participant in the trial - Includes judge, lawyer, court staff, journalists and victim - Sexual assault victim WAS charged for breaking the ban - Max 4000$ and 2yrs jail time - Case is still not secret (public is still allowed in) - Used if it involves a youth, sexual assault, involvement of undercover officer

Answer 28

Bill S12 : allows optional bans for sexual assault victims Why : The Retea Parsons case - sexual assaulted by many boys. One took a photo of her being penetrated while throwing up out a window and posted it. She killed herself and parents broke the ban until the bill was introduced

Answer 29

They must prove the presence of the guilty act, guilty motive, men's rea and actus reas (they happened at the same time)

Answer 30

When a person is charged with a criminal offense is released from custody while awaiting their trial

Answer 31

If bail is granted, they are released with or without conditions - Curfew - Can’t leave the home/country - No communicating with associates If bail is denied, the accused is remanded into custody and returned to jail

Answer 32

- Their presence could cause more harm to the community - Risk of flight - They’ll leave and won’t go to court - Release would undermine public confidence in the criminal justice system

Answer 33

Recognizance without deposit (promise to appear) - Individual does not have to put money upfront, if they breach the conditions of their bail or don’t appear in court, they would have to forfeit the money Recognizance with deposit - They leave the money with the court to ensure their conditions aren’t breached and accused appears in court (they wouldn't get their money back if breached) - 2700$ is the average amount that is deposited Recognizance with a surety - A person approved by the court to supervise the accused and ensure that they follow conditions and attend court as required - If the surety fails at making the accused fulfill their conditions, the surety must forfeit money

Answer 34

The accused appears before a judge, is formally informed of the charges against them, and asked to enter a plea (guilty or not guilty)

Answer 35

Guilty plea : a sentencing date is set. A date to determine the appropriate punishment/sanction is set Not guilty plea : a preliminary hearing or trial date is set 90% plead guilty

Answer 36

Court proceeding to determine whether or not there is enough evidence to go to trial - The crown and defence can present evidence and question witnesses - The crown does NOT have the burden of proof - Reserved for indictable offenses punishable by 14+ years of imprisonment

Answer 37

1. To avoid placing a person on trial unnecessarily 2. Gives the accused the opportunity to see the case against them

Answer 38

An accused agrees to plead guilty in return for some kind of benefit

Answer 39

_Charge bargain_ : Defendant pleads guilty to a less serious crime than the original charge _Count bargaining_ : Defendant pleads guilty to get the prosecution to drop some of the charges against them _Sentence bargaining_ : Defendant pleads guilty in exchange for a lesser sentence _Procedural bargaining_ : Defendant pleads guilty to have their hybrid offense treated as a summary offense instead of an indictable offense

Answer 40

- Can encourage quick closure of case, reduce backlog and increase efficiency - Ensures a conviction, that the criminal does get punished - Evidence to convict accomplices Saves money - Spares the victims of being re-victimized at trial - Reduce stress and inconvenience

Answer 41

- Allows criminals to “get away” from their conviction - Lead victims to feel betrayed, they have no say - Society’s role is revoked - Can shake confidence in the justice system - Can lead to wrongful convictions - Plea bargain can’t be taken back

Answer 42

Mandatory for murder cases Requirements - 18+ yrs old - A canadian citizen - A resident of the province / territory - Have a record of an indictable offense

Answer 43

Police officers - Lawyers - Criminologists - Politicians - Doctors and vets (who are actively practicing) - Army on active service - Law students - Firefighters (who are actively employed)

Answer 44

You cannot simply ignore a jury summons because it is your civic duty - It’s a crime to not go and they could be fined up to 250$

Answer 45

- Being a full time student - Becoming the sole provider to your family - Medical exemption / permanent disability - If it would cause too much financial hardship - If you’re out of the country / if you plan to be out of the country - Language barrier - Over 65 yrs old

Answer 46

- An employer cannot fire their employee for going to jury duty because it is a canadian civic duty and can’t be demoted (applies for jury selection and preliminary hearing) - Employer doesn’t have to pay the juror during their service on jury duty - Jurors get paid depending on where they are

Answer 47

- Ontario : nothing days 1-10. Days 11-49, they make 40$ a day. Days 50+ they make 100$ - BC : days 1-10, they make 20$. Days 11-49, they make 60$. Days 50+ they make 100$ - Manitoba : nothing days 1-10, days 11+ they make 30$ - Saskatchewan : 80$ a day - Quebec : days 1-56 they make 103 $. Days 57+ they make 165$ - Newfoundland and Labrador : Jurors aren’t paid but employers must pay full wages

Answer 48

- Randomly chosen potential jurors (from potential voters list in Ontario) - Potential jurors recieved a jury summons telling them where to be when - The jury panel congregates at the courthouse and is questioned (still potential jurors) - Jurors must be impartial and without bias

Answer 49

A lawyer may challenge potential jurors because they believe the juror is biased or can’t serve for another reason - They must state a specific reason - It is up to the judge to make the final decisio

Answer 50

Either side can get rid of a potential juror without giving a reason - If the case is for first degree murder, each side has a maximum of 20 peremptory challenges - For all other offenses they both have a max of 12 peremptory challenges

Answer 51

When : 2019 Why : Colten Bushi case ended up with an all white jury because peremptory challenges were used on fellow indigenous people

Answer 52

12 jurors are needed Sometimes, there are more to be alternates in case one needs to be replaced. - The alternates are not informed that they are alternates so that they are required to pay attention - They find out when it is time for deliberation, they are then discharged

Answer 53

If the results aren’t unanimous in a mistrial because of a hung jury If a jury cannot reach a verdict by the end of the day, they don’t get to go home, they will get _sequestered_ → sent to their hotel and will resume deliberations the next day

Answer 54

The jury plays no role in sentencing except for when a person is found guilty for second degree murder (jury can make a recommendation for parole)

Answer 55

In the jury sentencing rule : the jury is prohibited from discussing the deliberation and sentencing of the case. - They could be charged with contempt of court This includes mental health professionals who the jurors employ

Answer 56

Bill introduced in Jan 2023 - Jurors are no longer prohibited from speaking to a professional after the trail

Answer 57

Occurs when a jury returns a not guilty verdict even though they believe that the defendant has beyond a reasonable doubt, broken the law because they believe the law that was broken is unjust and unfair. - Defence lawyers cannot allude to the possibility juries must be aware of this power

Answer 58

Served on the weekends or If not serving during weekends, individual would receive some restrictions - Reserved for custodial sentences of 90 days or less (incarceration) Why you could get one 1. Age 2. Lack of record 3. Other children or job 4. Cooperative

Answer 59

Aggravating factors (about case or individual), that would cause a judge to give a harsher sentence Mitigating factors (about an individual or the case) that would encourage the judge to hand down a less severe sentence

Answer 60

- Significant physical injury to the victim - Past offences - Planned offense - Vulnerable victim (child, elderly, disability) - Damage to the victims aside from physical injury (financial loss, mental health) - Hate crimes - The offender was a trusted person (Mentor, boss) - If there are numerous victims

Answer 61

- Cooperation with the police - If you are a youthful/elderly offender - No criminal record - Out of character - Showing remorse - Being the sole caregiver/provider - Result of addiction - Person enters a guilty plea - Improved behavior since the incident (rehab, therapy, etc.)

Answer 62

Advantages - Removes the judges discretion - Deters certain crimes Disadvantages - No one commits a crime thinking they’ll get caught - Threatens individualised justice - Judges can’t consider the variables of the individual case (mitigating factor) - Shifts the power away from the judge and to the crown prosecutor

Answer 63

Research shows that these programs may have the opposite effect Their environment doesn’t change, the root of the problem is not addressed

Answer 64

Absolute discharge Conditional discharge Suspended sentence Community service Fine Restitution Probation Conditional sentence Custodial sentence

Answer 65

Absolute discharge - No conviction and there is no record - Only stays on your record for one year, then disappears - Used with younger people, first time offenses, very minor crimes Conditional discharge - Must fulfil certain conditions (volunteer hrs, etc) - Once conditions are fulfilled, the conviction disappears - On your record 3 years Suspended sentence - You must fulfill conditions, and no jail time will follow - Do get a record

Answer 66

Community service - Do get a record Fine - Money paid to the court - Fine option programs in some provinces for people without the money to pay - - Government run form of community service - - Ontario, BC and Newfoundland don’t have one - 5000$ max for summary offense - No limit for indictable Restitution - Offender repays the victim for inflicted harm - Can be in the form of kind (a service for the victim)

Answer 67

- Most common sentence - When an offender serves their sentence in the community under the supervision of a probation officer - Focus is on rehabilitation - 25% of probationers are unsuccessful - Maximum probation length : 3 yrs - Average for adults : 1 year - Max for youth : 2 yrs

Answer 68

Mandatory conditions Optional conditions

Answer 69

Conditions that must be met regardless of who you are and your offense - Have to attend court - Have to inform them of significant changes (name, address, job) - Being of good behavior

Answer 70

Not every person on probation will be given these conditions. They are catered to the individual - Counseling - Not being allowed to associate with certain people - Not being allowed in certain places - Curfew - Not being allowed to travel - House arrest

Answer 71

When conditions are violated, the probation officer has discretion Depends on what condition is broken and to what extent - Can be charged with breach of probation if sever enough (hybrid offense) - Summary conviction : up to 18 months in jail - Indictable offense : up to 4 yrs in jail

Answer 72

Used by probation officers Match the level of intervention to the offenders risk level Identifying and treating the criminogenic factors (what contributes to recidivism) - Ex : Anger issues - Individualise treatment to the person according to strengths, age, gender, etc.

Answer 73

A jail term of less than 2 years that is served in the community Offender must abide by mandatory and strict optional conditions Average length : 8 months If conditions are breached, they are taken back to jail

Answer 74

Criminal justice system - Frees space in prison for more severe crimes - Saves money - Emphasizes rehabilitation Offenders - Allows more freedom - Contribute more to the community - Easier to rehabilitate - Allows them to stay an active member of society, they don’t get left behind Victims - Victim may get some restitution - If the victim is familiar with the offender, they may feel better about a less severe sentence - May make reconciliation easier

Answer 75

Criminal justice system - May lower public faith in the system - Sends the message that some crimes aren’t serious (no deterrent) Offenders - Individual may not learn from it - May be shunned or harassed - Close proximity to temptation Victims - Revictimised → fear of being attacked by offender - May have to live around the offender - Sense of a lack of justice - Makes victims less likely to come forward

Answer 76

Offender is placed behind bars Types - Provincial correctional facility (jail) : - - People serving less than 2 yrs - - People awaiting their court date (denied bail) - Federal correctional facility (prison): - - Operated by CSC (correctional services of canada) - - For people serving 2 yrs or more

Answer 77

Concurrently - At the same time Consecutively - One after another

Answer 78

- To incarcerate a male federal offender, 120 000$ are spent a year - To incarcerate a female offender, 230 000$ Cost more because there are fewer female inmates

Answer 79

- Maximum secure: barbed wire - Medium secure : more mobility no walls, most here - Minimum secure

Answer 80

- Potential of escape - Potential to violate institutional rules - Potential to be a danger to others (inmates and guards)

Answer 81

Special handling unit - Were incarcerated in regular prison but we're so difficult - Tried or have killed a correctional guard or inmate - Guards don't carry guns - Can go regardless of your offense

Answer 82

Manage specific types of cases/offenders - Done in larger cities - Prosecutors and defence work with probation officers with specialized training - Treatment plans are made - Respond with graduated sanctions (least restrictive response first, then get more severe if the behaviour continues) - Most related to domestic violence or mental health issues - More successful with women and Indigenous peoples - Sometimes not enough resources to support the individual’s rehabilitation

Answer 83

- Enables the judges, prosecutors, and defence to develop an expertise in these cases - Efficient and cost effective (in mental health cases, saves 5,62$ for every 1$ spent) - Gives offenders the opportunity to avoid jail - Considers risks, needs, and responsivity - Allows monitoring such as drug testing - Strong rehabilitative outlook

Answer 84

Big house” design (until 1970s) - Long hallways that contained cells in a linear layout - Periodic rounds - Limitation of this approach is blind spots New generation design (or podular design) (since 1970s) - Inmates’ cells on the exterior walls of the living unit - Reduces blind spots and deters misconduct - Tech - Metal detectors → x ray - - Reduced strip searches → less humiliating + better for victims of SA

Answer 85

Direct supervision / dynamic security - Based on COs having more frequent interactions with inmates - One of the goals is to help the inmates develop their problem-solving skills

Answer 86

An assessment of an inmate’s risk by the correctional staff in order to place the inmate in a cell that best matches the risks they pose Subjective classification - Arrestees held overnight in a cell (appearing in court the next day) - Simple checklist - Checks apparent risks of suicide or self-harm, as well as their health status, including whether they are intoxicated, injured, have a communicable disease, escape or harming others Objective classification - Provincial correctional centre or spending more than a few hours in custody - Inmate’s criminal history, current functioning, mental health status, current offence, their prior adjustment to custody, gang involvement - Inmates may also be separated from other arrestees who were involved in the same offence

Midterm 2 Flashcards

(110 cards)