Studied by 1 person
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
Jury panels are each selected randomly to go into the courtroom and stand before the judge
The crown and the defense get the opportunity to ask questions to the juror
They can be removed for bias (challenge for cause)
There is no reason or no bias but the lawyers just don’t like the person (peremptory challenge) - not in Canada
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
Note 
Flashcard (29)