Criminal Court Case Procedures

Flashcards for Criminal Court Case Procedures, covering topics such as court officers, release procedures, offenses, rights, and legal principles.

Judge

Appointed by the prime minister and significantly experienced in courtroom procedures; also referred to as the bench or the court.

Prosecutor

Hired by the government (Crown) on behalf of society to prove guilt beyond a responsible doubt, and responsible for presenting all evidence, even if it weakens the case.

Defense Counsel

Represents the accused to ensure their legal rights are protected and is required to defend to the best of their ability.

Jury

In serious indictable offenses, decides the verdict along with the Judge. In summary offenses, there is no jury.

Jury Selection

Possible jurors are selected to appear in court in the order they were chosen unless dismissed for legitimate reasons.

Bail Hearing

The accused must appear before a judge within 24 hours for a bail hearing.

Reverse Onus

If the Crown proves the accused is a threat and has to prove they are not a threat via reverse onus

Mischief

Deliberate damaging or destruction of property, including computer data. Maximum penalty is 10 years.

Terrorism

Any action taken for political, ideological, or religious purposes that intimidates the public concerning its security and may cause harm. Also, an offense to raise funds for the organisation.

Right to a Lawyer

The request for a lawyer must be honored immediately. A legal aid lawyer is available if the accused cannot afford one.

Robbery

Theft involving violence, threat of violence, or use of offensive weapons (including imitations). Maximum sentence is life.

Possession of Stolen Goods

An offense to possess goods known to be stolen or obtained during the commission of an offense.

Fraud

Making a false statement to induce someone to act upon it for a credit card or loan. Maximum sentence is 14 years.

Criminal Harassment

Stalking another person, resulting in reasonable fear for safety. Maximum sentence is 10 years.

Criminal Negligence

Three types: involving a motor vehicle, bodily harm (14 years), or death (life).

Law

Applies to all members of society and is made by lawmakers.

Code of Hammurabi

Earliest record of written laws from Babylonia, 1800 BC.

Roman Law

Emphasized equity and that all people (citizens) are equal under the law.

Precedent

A court decision used to decide similar cases.

Napoleonic Code

Restablished Roman law for France and much of Europe, instituting that ALL men are equal before the law.

Municipal Government Responsibilities

Building permits, Marriage ceremonies, emergency services, garbage collection, and night time noise.

How Laws are Made

The elected House of Commons and appointed Senate must pass each bill for a new law. Also can be passed in Provincial Legislature, but there is no appointed house.

King John

Considered himself about the law and often took advantage of that situation. Forced to sign a document called Magna Carta.

Constitution of Canada

Outlines how the country must be governed.

The Notwithstanding Clause

Allows governments to opt out of programs that might infringe on individual rights but allow for group rights.

Amending Formula

Requires the consent of the House of Commons, Senate, and 2/3 of the provinces representing >50% of Canada's population.

Legal Jurisdiction

Federal and provincial levels that has different responsibility in making the laws.

Federal Government Jurisdiction

Including military control, criminal law, employment insurance, marriage and divorce, postal service and aboriginal people and their land.

Provincial Jurisdiction

Property and civil rights, Marriage ceremonies, Provincial Jails, hospitals, police force, K-12 education, Highways and roads.

Charter of Rights and Freedoms

Protects individual rights from being trespassed upon by federal or provincial governments, but does not consider businesses or individuals.

Fundamental Freedoms

Freedom of conscience and religion, thought, belief, and expression, also assembly and association

Charter Other Rights

Voting right and mobility right, also considers aboriginal and multicultural right.

Courts and Charter

The court must decide if the right violated is reasonable and in the best interest of society.

Municipal Law

Vote of City Council (including the mayor) determines whether a municipal bill passes or fails.

Branches of Law in Canada

Public Law (Constitutional and Criminal) and Private Law (Tort, Contract, Family, Property, Employment, Wills/Estates).

Criminal Law

Deals with offenses against society, aims to keep order, prevent crime, and punish offenders; under federal jurisdiction.

Summary Conviction Offenses

Minor criminal offences; maximum penalties are a fine under $5000 and/or 6 months in jail.

Indictable Offenses

More serious Criminal Code offenses with possible sentences of up to life imprisonment.

Hybrid Offenses

Offenses that can be tried as either summary or indictable, decision made by the crown attorney.

Elements of a Crime

Actus Reus (wrong committed) and Mens Rea (guilty mind - intent, knowledge or recklessness).

Manslaughter

Unlawful act causes death directly or indirectly

Infanticide

Killing of a newborn by its mother. Maximum sentence is 5 years.

Assisted Dying and Euthanasia

Legal in Canada since 2016 for adults with consent to end physical suffering.

Homicide

Killing of another human being.

Culpable Homicide

Intentional Killing (1st and 2nd degree) or Unintentional killing while doing another.

Non-Culpable Homicide

Accident, Self-Defense, or person involved has not committed a crime.

Murder

Deliberate killing of another person. It requires for intentions. Is the most serious crime.

First Degree Murder

Thought out and considered consequences.

Branches of Government

Prevents one person or group from obtaining too much power at both levels.

Executive Branch

This branch consists propose new legislation by government.

Lagislative Branch

MP and Senators vote to either pass or reject legislation.

Judiciary Branch

The goal of this branch is to interpret the the law.

Assault

Attempting or threatening along with applying force directly of indirectly, also words while blocking or with a weapon.

Aggravated Assault

Accused intended is to maims or endangers life of people

Sexual assault

A crime that involves sexual motivations.

Arson

Intentional damage of property by fire or explosion, even is the person is or is not the rightful owner.

Theft

Elements is to steal and dont belong to that owner.

Trafficking

May convict someone depending on the drug schedule.

Abduction

Any crime to endanger a child in violence.

Juror

Must not be discussed by jurors until after deliberations and after the trial go to news or read news but can be sequested

Conditional Discharge

Sentences that the person had to completed with conditions to obey the state.

Adult Crimes

The system is the crime.

Yout Crimes

The crime that youths can do.

Small Crime

The amount is under 5000.

Cival Actions

To is file the documents and court.

Cival Laws

Law parties are between different families and people.

Neglegence

That has happen withou intended to have a result.

Verble

A verbal comminication.

Unlegal written record

A illegal crime that has been wrote and publish.

The law

Can be to force someone to sign a will for family.