Unit 3(B) Test – Criminal Law

Mitigating Factors

May reduce the severity of a sentence due to a delay in trial, being a young or first-time offender, or a guilty plea.

Direct Evidence

Very important testimony given by a witness

Conditional Sentence

A prison sentence that can be served in the community

Accuesed is Arraigned

The accused is brought before the court and jury panel to enter a plea of guilty or not guilty

Jury is selected

12 random citizens are selected

Jury Selects Foreperson

Names are pulled randomly and the main duties are asking questions and reading the verdict on behalf of the jury

Crown Presents Opening

The crown outlines its case but its not considered evidence

Crown Examines Witnesses

Direct Examination: The crown questions their witness

Cross-Examination: The defense questions the crowns witness

Motion for Dismissal (optional)

The defense counsel asks that the judge dismiss the charges against the defendant

Defense Presents Opening

The defense outline their case but cannot be used as evidence

Defense Examines Witnesses

Direct Examination: The defense questions their witness

Cross-Examination: The crown questions the defenses witness

Crown Rebuts

Crown can argue with the defense

Defense Presents Surrebuttal

Defense can surrebuttal towards the crown

Closing Arguments

Crown will attempt to prove the defense’s guilt and vice versa and they cannot be considered evidence they are just to help the jurors further understand

Judge Give Charge to Jury

Judge explains to the jurors of how the law applies to the case

Jury Deliberates

Jury makes the decision with each other

Jury Returns a Verdict

Jury does not defend its verdict and is allowed to leave as soon as the verdict is made

Jury Selection Process

Canadian Citizen, 18 or older and must be living in Canada for over a year

Jury Panel

Accused is guilty the jury goes home

Accuesed is not guilty, jury selection process begins

Hung Jury results in a mistrial and a new jury is selected

Selection Process

1. Jury panels are each selected randomly to go into the courtroom and stand before the judge 

2. The crown and the defense get the opportunity to ask questions to the juror

3. They can be removed for bias (challenge for cause)

4. There is no reason or no bias but the lawyers just don’t like the person (peremptory challenge) - not in Canada

5. Bring them into their job properly

Aggravating Factors

May increase the severity of a sentence due to a pervious criminal record, number of victims, and continuing offense

Leading Question

Suggests a particular answer

Hearsay Statement

A question the witness saw or experienced first-hand

Opinion Statement

No questions that go beyond common knowledge unless there’s an expert in the field

Immaterial or Irrelevant Question

No connection with the matter

Non-Responsive Answer

A reply that does not answer the question

Circumstantial Evidence

Physical evidence that proves the defendant was at the scene

Character Evidence

Evidence that shows if the accused is a person to commit a crime

Objection - Hearsay

Not reliable

Objection - Calls for speculation

Witness has no personal knowledge

Objection - Vague as to time

Unclear of where and when it happened

Objection - Non-Responsive

Info is unrelated to question

Sustain

Witness cannot answer question

Overrule

Witness must answer question

Sentencing Process

Maximum and minimum penalties

Offender

Background information about family, education, employment, and friends as well as a psychiatric assessment

Victim

Judge takes a statement from victim or victims family (Victim impact statement)

Society

Crown has the responsibility to recommend a sentence that protects society

Protection of the Public

Deterring crime and offenders to protect the public, person, property, and a person’s rights and freedoms

Retribution

Punishment is on the judges mind to avenge a crime, ensuring that offenders suffer the consequences of their actions

Deterrence

Punishment to discourage criminals from reoffending

Rehabilitation

Punishment combined with treatment and training to help offenders function in society

Restitution

Punishment that requires the offender to pay the community or society back for the harm or loss suffered

Denunciation

Punishment is designed to show criticism of the offender’s conduct

Suspended Sentence

A judgment that is not carried out provided that certain requirements are met

Intermittent Sentence

A sentence served on weekends and/or nights

Deportation

Expelling the offender from a country

Conditional Sentence

Releasing the offender under certain terms and erasing their record after three years

Suspension of Privileges

Withholds a privilege for a specific period of time

Probation

Allows a person to live in the community under supervision

Binding Over

A requirement to demonstrate good behaviour for up to 12 months

Fines

Money paid as a penalty

Absolute Discharge

Releasing the offender and erasing their record after one year

Incarceration

Imprisonment for a specific period

Mental Disorder

A disease of the mind (not able to understand)

Automatism

A person acts without being aware of what they’re doing

Intoxication

Overpowered by alcohol and drugs losing self-control

Self Defense

Use of reasonable force to defend yourself

Battered women syndrome

Using self-defense against a violent partner

Defense of dwelling

Getting rid of a criminal within a reasonable force

Compulsion/Duress

Threats that prevent you from acting according to free will

Provocation

Tempting a person to commit a violent crime

Necessity

You must commit an illegal action

Aboriginal Treaty Rights

Indigenous don’t follow the same laws as we do

Entrapment

Using the power of a cop to force you into a crime

Before 1908

Children ages 7+ could face the same penalties as adults

1908 - 1984 - Juvenile Delinquents Act

Youth 7 - 18 were not allowed to be treated as criminals but mistreated as children. Punishment depended on the judge

1984 - 2003 - Young Offenders Act

Youth 12 - 17 were treated as criminal but with less punishment than adults

2003 - Youth Criminal Justice Act

Youth 12 - 18 had limited use of custody, severity of offense impacts sentence, and publication of their identity if an adult sentence is implemented

Goals of Youth Criminal Justice Act

Establish of specific deterrence and denunciation

Increase in the use of pre-sentencing detention

The court implements prison sentences

The crown must consider an adult sentence

Publication of identity of youth

Prohibition of youth in adult facilities

Plea Bargaining

A deal where the accused pleads guilty to get a lighter sentence

Provincial Correctional System

Awaiting trial or serving sentences of less than two years

Federal Correctional System

Serving sentences for more than two years

Parole

Serving the rest of a sentence in the community while supervised

Punishment

Increase the consequences of committing crimes to deter criminals

Prevention

Develop programs to help individuals deal with the issue of committing crimes and programs to help defend their selves

Infrastructure

Changes to the envrionment to reduce possibility of crimes

CPTED

Crime prevention through envrionmental design