Criminal Courts Review

Flashcards for reviewing key concepts related to criminal courts and the justice system.

Criminal Courts

Responsible for determining guilt or innocence of accused persons, imposing appropriate sentences, and ensuring the protection of rights of accused.

Purpose of Courts

To resolve conflicts between individuals or between individuals and the state, and to interpret the law.

Canadian Criminal Court Process

Consists of seven steps: 1. Criminal Offence, 2. Police Intervention, 3. Laying Charges, 4. Pre-trial, 5. Trial, 6. Verdict, 7. Sentencing.

Provincial and Territorial Courts

The lowest level of courts, dealing with less serious types of offences without a jury.

Decision of Supreme Court of Canada

Court of last resort; hears cases impacting a large number of people; selection of cases is limited.

Judges and Justices of the Peace

Judges interpret law and assess evidence; Justices of the Peace oversee bail hearings and search warrants.

Judicial Independence

Judges should make decisions free from external pressures or influences.

Problem-solving Courts

Courts designed to divert offenders, such as mental health courts and drug courts.

Therapeutic Justice

Using the law to promote rehabilitation and support for offenders instead of just punishment.

Judicial Interim Release

Bail process allowing accused individuals to be released pending trial.

Warrant Expiry Date

The last day of an offender's sentence, when the sentence officially ends.

Bail Hearing

Proceeding to determine whether an accused person can be released from custody before trial.

Victim Impact Statements

Submissions explaining the emotional, physical, and financial effects of the crime on the victim.

Gladue Principles

Mandates consideration of Aboriginal circumstances in sentencing.

Dangerous Offender Designation

Given to offenders posing a serious risk of harming others, leading to indefinite sentences.

Crown Prosecutor

Represents the government in criminal trials, not the victim.

Defence Counsel

Legal representatives of the accused person in criminal trials.

Plea Bargaining

Negotiation between the defendant and prosecutor, often resulting in a guilty plea in exchange for a reduced sentence.

Judicial Determination

An order by the sentencing judge regarding specifics of the offender's sentence.

Indigenous Courts

Focus on unique circumstances of Indigenous people; aim to reduce incarceration rates.

Community Impact Statements

Describes the broader effects of an offence on the community.

Eligibility for Mental Health Courts

Individuals must have a diagnosed mental health issue and must request access to these courts.

Pre-sentence Report

Prepared by a probation officer with information on the offender for sentencing considerations.