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Lecture 5

CRM 100 Lecture 5.docx

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Ryerson University
CRM 100
Tsasha Awong

CRM 100: Lecture 5 Canadian Court Process -Pre-trial Phase: decisions on detention, arrest, interrogation, search & seizure; bail; legal aid  Chapter 7 -Trial Phase: Plea-bargaining; juries  Chapter 8 -Sentencing Phase: how & why we punish  Chapter 9 2 Main Goals of the Courts -Mete out Justice  Justice always needs interpretation -Protect legal rights of the accused  “Due process” Role of Judges/Judicial Officers in Overall CJ Process -Independence and neutrality  Act independent and neutral for both sides -Monitoring Function  Actions/decisions will all come to light  Monitor police through warrant -Conduct trials and appeals Structure of the Courts -Offence classification  Summary conviction offences (less serious crimes: nude in public) o Up to 6 months in prison & up to $2000 in fine, tried in provincial  Indictable offences (serious crimes: murder, theft over $5000, assault) o Two years-life time in prison, tried in different courts o They can deny you bail, finger print you, take photos  Hybrid offences (Either summary conviction or Indictable offence) o Crown can choose to pursue as a summary conviction and change their mind at anytime before the trial starts -Offence Classification has implications for:  Police decision-making  Crown decision-making  Trial court and appeals court  Type of penalty Court Hierarchy Supreme Court of Canada  Fede
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