Courts and Society (Final) - Notes

What is the impact of media on juror impartiality?

Media can provide prejudicial information that limits the ability to find impartial jurors.

What does pre-trial publicity do to the fairness of a trial?

It compromises an accused person's right to a fair trial by influencing jurors' perceptions.

What is the presumption of innocence?

It is the principle that an accused is considered innocent until proven guilty, as outlined in Section 11 of the charter.

What are the two elements of the presumption of innocence?

1. Prosecution must prove guilt beyond a reasonable doubt. 2. Pre-trial must be conducted as if the accused were innocent.

What is the role of jurors in maintaining the presumption of innocence?

Jurors must be impartial and not biased, upholding the presumption of innocence throughout the trial.

How does media coverage contribute to wrongful convictions?

It creates pressure on the criminal justice system and can lead to rushed investigations and trial by media.

What are 'fear of crime narratives'?

Psychological and social reactions to perceived threats of crime and victimization, often fueled by media.

What is the effect of social media on jurors?

Jurors may be influenced by information from social media, which can lead to biased decisions.

What is the positive impact of media on exonerations?

Media can push for cases to be reopened and raise public awareness about wrongful convictions.

What recommendations exist for addressing media's impact on wrongful convictions?

There are no formal recommendations in Canada regarding media and its effect on wrongful convictions.

What is the significance of juror education during trials?

Continuous education and warnings about media exposure are necessary to maintain juror impartiality.

What is a private dispute?

A conflict of claims or rights without initial participation by public authorities, such as a quarrel between spouses.

What defines a public-initiated dispute?

A dispute where the government seeks to enforce norms of conduct or punish individuals for breaches.

What is a public defendant dispute?

A dispute involving the government as a defendant, challenging government authority or actions.

What are the four basic levels of courts in Canada?

1. Provincial/Territorial Courts 2. Provincial/Territorial Superior Courts 3. Federal Court 4. Supreme Court of Canada.

What types of cases do Provincial/Territorial Courts handle?

They handle family law, criminal law, and cases involving young persons in conflict with the law.

What is adjudication?

The official judgment rendered by a judge in a civil or criminal case.

What is the role of courts in society?

Courts are passive entities that wait for disputes to be brought to them and are expected to be impartial.

What is the burden of proof in criminal cases?

It is the prosecution's responsibility to prove the accused's guilt beyond a reasonable doubt.

What challenges do jurors face regarding media exposure?

Jurors may have difficulty setting aside biases formed by media portrayals of the accused.

What is the impact of media narratives on public perception of crime?

Media narratives can create emotional connections between crime and public sentiment, influencing the justice process.

What is the importance of publication bans?

They are necessary to prevent the dissemination of prejudicial information that could influence jurors.

What is the relationship between media and wrongful convictions?

Media can contribute to wrongful convictions through biased reporting and sensationalism of crime stories.

How do courts ensure impartiality in trials?

By requiring jurors to be unbiased and providing instructions to avoid media exposure.

What is the significance of the Charter in relation to the presumption of innocence?

It enshrines the right to be presumed innocent until proven guilty in a court of law.

What are the implications of juror bias on trial outcomes?

Bias can lead to unfair verdicts and undermine the integrity of the judicial process.

What is the purpose of Drug Treatment Courts (DTC)?

To address the needs of non-violent individuals charged with criminal offences motivated by addiction.

What do Domestic Violence Courts aim to improve?

They aim to improve the justice system's response to spousal abuse by decreasing court processing time and increasing conviction rates.

What age group do Youth Courts address?

Young persons aged 12 to 17 charged with offences under federal youth justice laws.

What are First Nations Courts designed for?

They are specialized courts for offenders who identify as Aboriginal.

What type of cases do Provincial/Territorial Superior Courts hear?

They hear all civil and criminal cases before they are heard by other courts.

What is the function of Appellate Courts?

To hear appeals from decisions of the provincial superior court without rehearing witnesses or testimonies.

What matters do Federal Courts deal with?

They deal with matters specified in federal statutes, such as interprovincial disputes and intellectual property proceedings.

What is the highest court in Canada?

The Supreme Court of Canada.

What is the role of litigants in court processes?

Litigants are individuals, organizations, or government officials trying to settle disagreements.

What distinguishes one-shotters from repeat players in litigation?

One-shotters are concerned with a single case, while repeat players engage in multiple similar litigations over time.

What are the different roles of lawyers in the judicial system?

Lawyers can act as advocates, intermediaries, and counselors, depending on their type and client needs.

What responsibilities do judges have in court?

Judges are responsible for court administration, maintaining honesty and impartiality, and avoiding conflicts of interest.

What is the role of a magistrate in the French court system?

The magistrate is responsible for investigation and sends materials to the presiding judge for trial.

What is a voir dire?

A trial within a trial to decide upon the admissibility of evidence.

What is the significance of jury trials in common-law countries?

Jury trials reflect a legacy of distrust in officials and are predominantly used in criminal cases.

What are the eligibility requirements for serving on a jury in Canada?

Canadian citizens aged 18 to 65 who have not been convicted of an indictable offence and are free from disabilities.

What types of cases require a jury trial in Canada?

Serious offences like murder, treason, and bribery require a jury trial, but this can be waived with consent.

What happens if a judge shows disrespect in court?

They may be charged by the court.

What is the role of the Supreme Court of Canada regarding the Charter of Rights?

It can strike down legislation or government actions that infringe on fundamental rights and freedoms.

What is the composition of the Supreme Court of Canada?

It is comprised of 8 puisne justices and one chief justice.

What is the significance of the 'last resort' designation for the Supreme Court?

It is the final court of appeal for disputes in all areas of law.

What is the primary concern of repeat players in litigation?

They are concerned with how a decision will affect future similar cases.

What are specialized federal courts in Canada?

They include the Tax Court of Canada and courts serving the military.

What is the role of in-house lawyers?

They represent particular interests and organizations within their own companies.

What is the expected behavior of judges when charged with minor offences?

Judges are expected not to contest the charge to avoid embarrassment to colleagues.

What is the role of juries in criminal cases in Canada?

Juries determine guilt but do not participate in sentencing.

What is the impact of the Canadian Charter of Rights and Freedoms on the Supreme Court's decisions?

The Supreme Court has the authority to strike down laws that violate the Charter.

What is the composition of a jury?

A jury is composed of 12 people selected from various groups including the Privy Council, provincial cabinets, and law enforcement.

What is required for a jury's verdict?

The verdict of a jury must be unanimous; otherwise, the case may be retried.

What is the first step in choosing a jury?

Ferret out juror bias.

What is a challenge for cause?

A challenge made on the grounds that a prospective juror fails to meet legal requirements or has a bias affecting impartiality.

What is a peremptory challenge?

A challenge that allows either the defense or the Crown prosecutor to eliminate a prospective juror without giving a specific reason.

What types of prejudice can affect jurors?

Interest prejudice, specific prejudice, general prejudice, and conformity prejudice.

What is interest prejudice?

It arises when jurors have a direct stake in the trial due to their relationship with the defendant, victim, or witnesses.

What is specific prejudice?

It involves attitudes and beliefs about a particular case that may prevent a juror from being impartial.

What is general prejudice?

It arises from stereotypical attitudes about the defendant, victims, or the nature of the crime.

What factors contribute to First Nations' reluctance to participate in the jury system?

Cultural conflicts, systemic discrimination, lack of knowledge, desire for community control, and practical barriers.

What is the role of a justice of the peace in criminal cases?

To decide whether to release the accused prior to trial and impose conditions like surety.

What is plea bargaining?

A negotiation where the accused pleads guilty in exchange for the prosecutor agreeing to a particular course of action.

What are the subtypes of plea bargaining?

Charge bargaining, sentence bargaining, and fact bargaining.

What must the Crown prove in a criminal trial?

The Crown must prove its case beyond a reasonable doubt.

What is the purpose of a pre-sentence report?

To provide the judge with information about the offender and the impact of the crime on victims.

What is the significance of juror bias in jury selection?

Juror bias can affect the impartiality of the jury and the fairness of the trial.

How are jurors selected from the population?

Jurors are selected randomly from voter registration lists and other sources.

What happens if a juror admits to a bias during selection?

The lawyers can ask the judge to excuse the juror for cause.

What is the impact of mass media on juror impartiality?

Mass media can taint a juror's impartiality due to exposure to public opinion and rumors.

What is the role of social scientists in jury selection?

They assess demographic and attitudinal characteristics to recommend ideal jurors.

What is the maximum number of peremptory challenges for serious offenses?

For high treason or first-degree murder, a maximum of 20 challenges are allowed.

What are the goals of sentencing in criminal cases?

To consider all available sanctions other than imprisonment that are reasonable in the circumstances.

What is the significance of the jury questionnaire?

It collects information from potential jurors but can be seen as coercive due to threats of fines or imprisonment.

What is the process of scientific jury selection?

It involves comparing demographic profiles of a random sample with prospective jurors to ensure representation.

What is the role of the Crown council in criminal cases?

To decide whether to treat an offense as a summary conviction or to proceed with indictment.

What must a judge determine before a trial proceeds?

Whether there is sufficient evidence to proceed to trial or if the accused should be discharged.

What is the definition of 'reasonable and probable grounds' in criminal cases?

It refers to the legal standard required to search for evidence.

What is a concern of plea bargains?

They may increase the likelihood of wrongful convictions.

What is meant by power imbalance in plea bargains?

The accused may feel pressured to plead guilty due to the conditions of incarceration.

What is the principle of denunciation in sentencing?

It attempts to censure an individual for culpable criminal conduct.

What is specific deterrence in sentencing?

It aims to prevent crime by instilling fear of punishment in the individual being sentenced.

What does general deterrence seek to achieve?

It aims to prevent crime by creating fear of punishment among the general public.

What is incapacitation in the context of sentencing?

It prevents crime by incapacitating the individual offender, usually through incarceration.

What is the goal of rehabilitation in sentencing?

To change an individual by promoting law-abiding behavior.

What does reparation in sentencing entail?

The court may order the offender to make reparations to individual victims or the community.

What are the types of sentencing?

Continuous, intermittent, indeterminate, suspended sentence with probation, probation, imposition of a fine, conditional and absolute discharge, restitution, conditional sentence.

What percentage of incarcerated individuals in Canada are Aboriginal?

25.4% of incarcerated individuals in federal institutions.

What historical factors contribute to the overrepresentation of Aboriginal people in prisons?

History of colonialism, displacement, and residential schools.

What is a sentencing circle?

A community-based approach to sentencing where community members participate in the process.

What are critiques of sentencing circles?

They may be traumatic for victims and can result in excessively lenient sentences.

What are the three stages of civil cases?

Pleadings, discovery, and trial.

What happens if a defendant does not provide a statement of defense in a civil case?

The court assumes the allegations made by the plaintiff are true.

What is the standard of proof in civil cases?

More probable than not, based on a balance of probabilities.

What is a declaratory remedy?

A court decision that states the rights of the parties involved.

What are injunctions?

Restraining orders that specify what someone can or cannot do.

What are expectation damages?

Damages intended to cover what the wronged party expected to receive in a breach of contract case.

What are punitive damages?

Damages intended to punish an offender for egregious misconduct.