Class Notes (835,428)
Canada (509,186)
York University (35,236)
Criminology (771)
CRIM 2652 (100)
Anna Pratt (38)


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CRIM 2652
Anna Pratt

CRIM2652 LECTURESWINTER 2012 thJanuary 10 2012The Courts Overview Overall Structure of Courts o Main areas of court processPretrialTrialSentencingo Key players Victimwitness PoliceCrown prosecutorDefence counselJudge Main goals of Courtso Do justiceo Protect rights of individuals in conflict with lawKey role in CJS o Mete out justice independentlyo Monitoring function o Hear criminal cases and appealsClassification of Offenceso Summary conviction offences Eg Food fraud disturbance minor assault prostitution etc Less serious less serious maximum penalty Tried by provincial court judge sitting aloneTried within 6months of when the offence took placeo Indictable offenceshomicide treason sexual assault armed robbery dangerous driving etc Most seriousCan be tried in different courts depending on seriousness of offence and preference of accusedMore serious penaltieslife imprisonment More serious intrusions against those chargedpretrial detention photographing fingerprinting for permanent record Increased protections for accusedoption of offender requesting case be heard by judge and jury o Hybrid OffencesDual Eg Assault theft fraud under 1000 impaired driving etc Crown has choice to proceed summarily or by indictment Absolute discretion of crownCan change at any time before trial begins To allow flexibility and fairness to tailor to individual casesoffender however also creates uncertainty and inconsistency Consequences of how offence is designatedo How police proceed o Options available to crownhow and where a case may be tried o Which level of court will try case o Which court may hear appeal o What penalty might be applied if theres a conviction Jurisdictiono Legal authority of court to hear criminal matter and to apply penalty upon conviction o No jurisdictionjudgment voided o Crimes committed in Canada o Territorial jurisdictioncourts dont have jurisdiction over offences occurring mainly or wholly in another province ProvincialTerritorial Courts Lower Courts o Exclusive jurisdiction overProvincial offencesSummary conviction offencesHybrid offences prosecuted as summary convictionOffences specified by s553 may be indictablehybrid Provincial Superior Courts higher courts o Judges appointed and paid for by federal govt o Hear more serious indictable offences o May also hear appeals of summary conviction trials at provincial Provincial Courts of Appealo Only appeals of criminal and non criminal o Decisions binding on all courts in provinceSupreme Court of Canada o Highest court o Only appeals from provincial courts of appeal o Decisions binding on all courts Key Players Role of Crown Attorneyo Backed byrepresent power of state o Prosecutions in name of public public processes
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