Criminal Justice in Canada MC Test Finals

A collection of flashcards for reviewing key concepts and facts for the Criminal Justice in Canada finals.

Who does the Crown represent in a criminal case?

The public

Where do Crown counsel spend the majority of their work day?

In a courtroom

During the sentencing stage of a trial, Glenn puts forward a sentencing option that is in the defendant's best interests. What role does Glenn occupy?

Defence attorney

What is the first factor considered by a Crown when determining whether to move forward with prosecution?

The likelihood of conviction

Drew is an employee of the criminal justice system who is responsible for representing the State in criminal cases. What is Drew’s position?

Crown prosecutor

Doree works in the court system. She is required to provide all information about each case she works on to the defence counsel. Which role does Doree occupy?

Prosecutor

What is the major goal of a prosecution?

A just end result

Who bears the burden of proof in a criminal trial?

Crown

Which of the following is NOT one of the factors considered by the Crown when determining if there is a public interest in prosecuting a criminal case?

What admissible evidence is available and how does the law apply to it?

Which of the following is NOT one of the questions prosecutors will consider when determining whether there is a reasonable prospect of conviction in a criminal case?

How serious are the victim's physical and psychological injuries?

Priya is a Crown prosecutor responsible for a case involving a charge of assault. While preparing the case she notes that the victim has been affected emotionally and physically by the assault and very much wants to see the offender tried in criminal court. What factor is Priya considering?

The public interest

What is the final stage of the trial process?

Sentencing

According to the standard set in R. v. Jordan, what is the maximum length of delay permitted for trials at the provincial court level?

18 months

Which section of the Charter relates to the right to a trial within a reasonable time period?

s. 11(b)

According to the Criminal Code, what is the fundamental principle of sentencing?

Proportionality

Sterling is a court employee responsible for representing individuals accused of committing criminal offences. What is Sterling’s position?

Defence attorney

What term is synonymous with a "not guilty" verdict in criminal court?

Acquittal

What term is synonymous with a "guilty" verdict in criminal court?

Conviction

Which section of the Canadian Charter of Rights and Freedoms ensures an individual's right to life, liberty, and security of the person?

s. 7

Which of the following is NOT one of the three ways a conviction can occur?

The defendant accepts a plea bargain presented by the prosecution

Brie has been subject to a police search, but believes that the search was not conducted in respect of her Charter rights. Which section of the Charter is in question in Brie’s case?

s. 8

Nima is a defence attorney who is in the process of arguing that his client's right to a trial within a reasonable time period has been violated. What is this process called?

A Charter application

Which section of the Canadian Charter of Rights and Freedoms ensures an individual's right to a speedy trial?

s. 11(b)

Which of the following is NOT a commonly included component of the Crown disclosure process?

Alibi information

Esther is a defence attorney. She is in the process of negotiating with the Crown for a reduced sentence for her client if the client agrees to plead guilty to all charges. What is this practice called?

Plea bargaining

Isobel is a court employee. She is legally required to share all police reports and witness statements with the opposing counsel prior to the start of a court case. Which occupation does Isobel hold?

Crown attorney

Which of these is NOT one of the principles supporting the unidirectional nature of evidence disclosure in Canada?

A defendant is at constant risk of having their Charter rights violated during a trial process.

Matt has been accused of a criminal offence, but his lawyer is alleging that Matt's right against arbitrary detention has been violated and that the associated evidence should thus be excluded from the case. How will this aspect of the case be heard?

Trial by judge

In criminal trials in Canada, which party decides the appropriate sentence for an individual who has been found guilty?

The judge

When is a defendant eligible for a preliminary hearing?

If the maximum sentence for the alleged offence would result in a sentence of 14 years or more

Judge Pantley is in the process of reviewing a guilty plea with a defendant to ensure the accused understands the charges and is willing to admit guilt. What is this process called?

A plea inquiry

What is NOT a typical duty of judges in Canada?

Disclosure of evidence to defence counsel

What is the focus of Judge Renaud's discussion of judicial responsibilities in Canada?

Guilty pleas

Thalia has been charged with a criminal offence and has been convicted at a jury trial. Who is responsible for the imposition of Thalia’s sentence?

The judge

Cree has been charged with a criminal offence and has been convicted at a jury trial. Who was responsible for making the decision to convict Cree?

The jury

What is the most commonly issued plea in common law jurisdictions?

Guilty

Which of the following is NOT part of the initial portion of the pre-trial phase of the court process?

A judicial opinion regarding the most likely mode of trial if the case goes to court.

What does the acronym "CSI" stand for?

Conditional sentence of imprisonment

Which section of the Criminal Code covers the judicial imposition of peace bonds?

s. 810

How much time is typically allotted for court day in the guilty plea court in Canada?

8 hours

Judge Mupindu is conducting a plea inquiry with an accused individual who has elected to plead not guilty. What is the next stage for this case?

The judge will set an initial court date for the trial.

Which of the following is NOT true of a guilty plea?

It is considered an aggravating factor in the sentencing process.

When does the formal court day generally begin in the guilty plea court?

0.41666666666667

Jon is a 23-year-old Indigenous man who has been convicted of a violent offence and is facing the prospect of prison time. Which section of the Criminal Code applies to the judge considering Jon’s Indigenous status when selecting an appropriate sentence?

s. 718.2(e)

Judge Kwan has decided to offer a defendant a withdrawal of all charges as long as the accused agrees to keep the peace and be on good behaviour for 12 months. What is Judge Kwan ordering in this case?

A peace bond

Viktor is an offender who has been ordered to pay restitution to the victims of his offences, but was unable to make the restitution payment in the time allotted. Who will make a decision regarding the consequences of Viktor’s nonpayment?

A judge

Which optional probation condition is most likely to be violated by a probationer?

Reporting regularly to a probation officer

Which condition is the most common optional condition of probation?

Reporting regularly to a probation officer

What is a required condition of all probation orders?

To appear in court when necessary

Clea is an offender who has been sentenced to probation. As noted in her probation order, she is required to notify her probation officer if she moves out of her current home or changes employment. What type of condition is this requirement an example of?

Standard probation condition

Riad is a 29-year-old offender who has been sentenced to probation. What is the maximum possible length of Riad’s probation order?

Three years

Nell is an offender who has been sentenced to two years of probation. She is required to follow the supervisory conditions outlined in a legal document. What is this document called?

A probation order

Which criminal justice employee is responsible for deciding whether to charge a probationer with a breach of probation?

A probation officer

Which criminal justice profession tends to have the lowest public profile?

A probation officer

What is the maximum length of a probation order for a young offender in Canada?

24 months

Which statement does not accurately describe probation officers in Canada?

The maximum length of youth and adult probation orders is two years.

Which probation violation is the simplest to prove?

Violation of lifestyle conditions

Lee has been sentenced to a community-based sanction. One of the required conditions of his probation order is that he must not leave his residence without prior approval from his probation officer or the court. What type of sentence is Lee serving?

A conditional sentence

Kim is an offender who has been sentenced to probation. Her probation order indicates that he must abstain from the use of controlled substances. What type of restriction is this?

A lifestyle probation condition

Which type of offender is most likely to experience difficulty in completing community service orders?

Sex offenders

Kiya is a prisoner in a maximum-security institution. She is currently sharing a cell with another inmate despite the fact that the cell was designed with only one resident in mind. What is this form of housing referred to as?

Double bunking

Which serious issue has Rick Sauve been coping with since his release from prison?

Experiencing post-traumatic stress

What was Rick Sauve’s original sentence?

A life sentence with no parole eligibility for 25 years

Which of the following is NOT one of the types of institutions in which Rick Sauve was incarcerated?

Forensic psychiatric facility

Which statement does NOT accurately describe Rick Sauve’s educational experiences in the correctional system?

He completed a technical degree while incarcerated.

Rick Sauve organized a fundraiser for the Muscular Dystrophy Association, raising nearly $130,000 total. What was this event called?

Conwalk

What was the name of Rick Sauve’s program for at-risk youth and young offenders that included discussing experiences with imprisonment as well as having young persons visit the institution?

Straight Talk

Willa has served enough of her life sentence that she is now eligible for a Faint Hope hearing based on her initial sentencing date. If her application is successful, who will make the final decision regarding Willa’s parole release?

The Parole Board of Canada

Which of the following is NOT one of the members of the tripartite agreement which created the LifeLine program?

Toronto Boys' Home

Terrence has served enough of his life sentence that he is now eligible for a Faint Hope hearing based on his initial sentencing date. Who will make the decision regarding Terrence’s parole eligibility?

A jury

How long was Rick Sauve incarcerated before he was eligible to apply for a Faint Hope hearing?

15 years

Which statement does NOT accurately describe the current state of the Faint Hope clause in Canada?

Faint Hope hearings are held before the Parole Board of Canada.

Which Charter right did Rick Sauve fight for while he was in the correctional system?

Prisoners' right-to-vote

What was likely the largest obstacle to Rick Sauve being granted parole?

Unwillingness to admit guilt

Cole is a prisoner in a medium security institution. He has a prescription for medication to deal with anxiety and depression, but the government requires that Cole pay for his own prescriptions. What is this practice called?

Cost downloading

Fiana is a Crown attorney attempting to negotiate a plea agreement. The accused has allegedly committed a hybrid offence. If the accused is willing to plead guilty to the offence, Fiana has agreed to proceed via summary conviction rather than indictment. What type of plea bargaining is this?

Sentence bargaining

Which statement does NOT accurately describe plea bargaining in Canada?

The judge is required to accept a bargain if the Crown and defence have come to an agreement.

Bruno is a Crown attorney attempting to negotiate a plea agreement. There is evidence that the accused's daughter was not only aware of the offence, but also may have been involved in the destruction of evidence. Bruno has agreed not to seek charges against the daughter if the accused pleads guilty. What type of plea bargaining is this?

Charge bargaining

When was the Canadian Victims Bill of Rights proposed?

2014

Which statement does NOT accurately describe victims' rights legislation in Canada?

Provincial/territorial legislation may override federal victim-based legislation.

Where has legislation addressing the role of victims in plea negotiations been enacted?

Ontario

Which section of the Criminal Code allows for pretrial hearings in Canada?

section 625.1

Which statement most accurately reflects a judge's role in plea negotiations in Canada?

Judges are required to assess whether a guilty plea is being submitted voluntarily.

Which Canadian case established the right of the Crown to renounce a plea bargain?

R. v. Nixon

Which statement does NOT accurately describe plea agreements in the United States?

Victims are given the opportunity to approve or reject proposed agreements.

Samira is a Crown prosecutor attempting to negotiate a plea agreement. She has offered not to mention the accused's previous criminal history if he agrees to plead guilty. What type of offer is this?

Fact bargaining

Xavier is a Crown prosecutor attempting to negotiate a plea agreement. If the accused agrees to plead guilty, Xavier has promised the defence that he will not appeal the judge's sentence. What type of offer is this?

Sentence bargaining

Michaela is a Crown prosecutor attempting to negotiate a plea agreement. She has agreed to make arrangements for a certain judge to preside over the sentencing hearing if the accused is willing to enter a guilty plea. What type of offer is this?

Sentence bargaining

Finn is a Crown prosecutor attempting to negotiate a plea agreement. He has offered the defence a reduction in criminal charge from second-degree murder to manslaughter if the accused enters a guilty plea. What type of offer is this?

Charge bargaining

What is the most common reason for a case not making it to trial?

A plea of guilt

Andria is a probation officer with many years of experience. Her caseload includes only offenders with diagnosed mental illnesses. What is this model of probation supervision called?

A specialized probation caseload

Which statement does NOT accurately describe people with mental illnesses in Canada?

They are more likely to commit violent offences.

Which statement does NOT reflect the reality of people with mental illnesses in Canada?

They are more likely to live in areas with high levels of social organization.

Canada has made a move towards community-based care for mentally ill persons in Canada, which has resulted in the closure of large psychiatric facilities. What was this movement called?

Deinstitutionalization

Rob is concerned about his fiancée Taylor's well-being, since she suffers from paranoid schizophrenia and does not regularly take her prescribed medications. In an attempt to get Taylor treatment for her disorder, Rob contacts the police after interrupting her during a psychotic episode. What is this an example of?

Criminalization

Joey is a Canadian who has been diagnosed with a mental illness. When he seeks medical care and assistance, he is disappointed when he is notified that many of his prescriptions and therapy costs will not be covered. What are Joey's experiences an example of?

Structural stigmatization

Leah has been diagnosed with borderline personality disorder. Although her disorder is manageable through medication and counselling, she often finds that when she informs people of her diagnosis that they treat her differently. What are Leah's experiences an example of?

Stigmatization

What is NOT one of the factors identified by persons with mental illnesses as being associated with positive encounters with the police?

Follow up

Approximately what percentage of contacts between the police and people with mental illness result in formal arrests?

14

According to Canadian research, what percentage of violent offences are committed by offenders with serious mental illness?

5 percent