What's on the test…

- Multiple Choice

- Matching

- Diagram

- Short Answer

Know the process of a trial (Diagram)

Accused 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 people are selected

Jury Selects Foreperson - Names are put into a box and selected at random. Main duties are asking questions on behalf of the jury and reading the jury verdict

Crown Presents Opening - The opportunity for the crown to outline its case but it should not be considered evidence

Crown Examines Witnesses - Direct examination: when the crown questions their witness. Cross-examination: when the defense questions the crown witness

Motion for Dismissal (optional) - A request by the defense counsel that the judge dismiss the charges against defendant

Defense Presents Opening - The opportunity for the defense to outline their case but it cannot be used as evidence

Defense Examines Witnesses - Direct examination: when the defense questions their witness. Cross-examination: when the crown can question the defense witness

Crown Rebuts - Has the opportunity to have a rebut with the defense making them explain

Defense Presents Surrebuttal - If the crown has the opportunity to rebut then the defense has the chance to surrebuttal

Closing Arguments - The crown will attempt to prove the defense's guilt and vice versa. The closing arguments cannot be considered evidence they help the jurors better understand the issues

Judge gives Charge to Jury - The judge's explain to the jurors of how the law applies to the case

Jury Deliberates - Jury makes decisions with each other

Jury Returns a Verdict - The jury does not have to defend their verdict in any way and is allowed to leave as soon as the verdict is made

Differentiate between mitigating and aggravating factors

Aggravating: May increase the severity of a sentence

3 Examples:

A previous criminal record

Number of victims

Continuing offense

Mitigating: May decrease the severity of a sentence

3 Examples:

Delay in trial

Young or first-time offender

Guilty plea

Know the rules of questioning, evidence, and objecting (Matching)

Rule of Questioning

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

Rule of Evidence

Direct Evidence - Very important

Testimony given by a witness

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

Rule of objecting

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)

Know the terms related to the sentencing process

Maximum and minimum penalties

The judge considers the perspective of offender, victim, and society

A judge also looks at mitigating and aggravating factors

Offender

Background information about family, education, employment, and friends

Psychiatric assessment

Victim

The judge takes a statement from victim or victim's family (Victim Impact Statement)

Society

The crown has the responsibility to recommend a sentence that protects society

What are the six goals of sentencing? (Matching)

Protection of the Public

The main goal of sentencing is to protect the public, person, property, and a person's rights and freedoms

Retribution

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

Deterrence

Punishment to discourage criminals and/or people from reoffending/offending

Rehabilitation

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

Restitution

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

Denunciation

Punishment is designed to show condemnation of the offender's conduct

Know the sentencing options (Matching and Multiple Choice)

Conditional Sentence

A prison sentence that fn be served in the community

Suspended Sentence

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

Intermittent Sentence

A sentence served on weekends and/or at night

Deportation

Expelling the offender from a country

Conditional Discharge

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

Suspension of Privileges

Withholds a privilege for a specified period of time

Probation

Allows a person to live in the community under supervision

Binding Over

A requirement to demonstrate good behavior 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 specified period

Know the various defenses of the accused for the Mens Rea part of the criminal equation

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

Know the terms related to the jury selection process

Ontario

Canadian Citizen

18 or older

Resident of the province for more than one year

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 potential juror

They can removed for biased (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

What is the history of youth criminal justice in Canada? (Names and focus of each Act)

Before 1908

Children ages 7+ could face the same penalties as adults

1908 - 1984 - Juvenile Delinquents Act

Youths 7 - 18 were no longer to be treated as criminals but as mistreated children

Punishment depended on the judge

1984 - 2003 - Young Offenders Act

Youths 12 - 17 were treated as criminals but with less punishment than adults

2003 - Youth Criminal Justice Act

12 to 18th birthday

Limited use of custody

Severity of offense impacts sentence

Publication of youths' identity if adult sentence is implemented, but after sentencing

What are the goals of the 2012 changes to the youth criminal justice system?

Establish 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 offenders

Prohibition of youth in adult facilities

Know the following: Plea Bargaining, differences between Provincial and Federal Correctional Systems, and parole

Plea Bargaining

A deal where the accused pleads guilty in exchange for a lighter sentence

Difference between Provincial and Federal Correctional Systems

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 being supervised

Know the terms related to Crime Prevention

Punishment

Increase the consequences of committing crimes to deter criminals

Prevention

Develop programs that help individuals deal with the issue of committing crimes

(counseling and work programs)

Programs designed to help people protect themselves (self Defense classes)

Infrastructure

Changes to infrastructure in an attempt to reduce the possibility of crimes

(Cameras, gates, and reduced sight line barriers)

CPTED

Crime prevention through environmental design