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Study Guide

LAWS 2302- Final Exam Guide - Comprehensive Notes for the exam ( 44 pages long!)


Department
Law
Course Code
LAWS 2302
Professor
Mike Smith
Study Guide
Final

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Carleton
LAWS 2302
Final EXAM
STUDY GUIDE

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LAWS 2302B
September 13, 2017
Throughout the course, will discuss certain concepts from the text
and real stories from cases being dealt with
Sharing cases and giving his perspective on the cases worked on in the
past
Ca talk aout the ases eause they’re puli, o’t e talkig
aout priate ases/ ifrigig o people’s priay
Chapter 5 talks about crime and punishment.
When someone gets arrested, we need to understand the process and
the basics
ARRESTED
Charged
might be released right on the scene
OR
PTA- with a promise to appear, or may go to jail (custody)
Rare that someone charged with murder will get released on bail
Less serious offences- tend to get released and wait outside until
their trial
ANTIC- talking about a notion of pre- assumed innocence
LAWYER
Defense and the crown prosecutor
Two parties will talk, and if they cannot resolve the case will bring it to
trial
If they a resole the ase, they’ll figure out a resolution, without a
need to go to trial
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2
Sometimes it cannot be resolved because of disagreement between
the parties.
After the trial, the accused might be acquitted or they might be found
guilty
If they are acquitted, the charges are dropped and they get to go
home
If they are found guilty, they will be sentenced and talk about the
charges that are going to be laid.
Will talk about how the judges consider the sentencing that is going to be
arranged
Cross examine witnesses, talk about the law and make decisions
Process takes longer, depending on the questions
Criminal Code of Canada; outlines the various charges that are
available
Charter of Rights and Freedoms
Affect in 1982
Post 1982, cases went through a different route
Right to remain silent
Right to an attorney
Use the tool to defend the clients
Drugs, guns, drinking and driving 9.5/10 cases saying their rights
were violated
Type of defenses that come from the charter
APPEAL
If you are dissatisfied you can appeal the decision
SCC OCA SUP CRT PROV
Superior Court Ontario Court of Appeal Supreme Court of Canada
Break ad eter ito soeoe’s hoe, arrested harged, foud guilty;
penalty life, maximum penalty to the court
Many factors come into play when sentencing someone
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