CRM 100 Study Guide - Final Guide: Indictable Offence, Jury Trial, Exculpatory Evidence
19 Jun 2018
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CRM100 Essay – December 11th VIC608
CJS
- CJS shaped by poverty and other social inequality, deal with mental illness that were not
made aware of before but are now, racial inequality- disproportionately high
representation of certain racialized communities in CJS
- Is CJS simply reflecting what’s going on in Canadian society or is it perpetuating these
inequalities (deepening inequalities, racism etc.)
- CJS is contencous, general public looks at CJS and can have strong opinions about it,
people get really angry about CJS in ways that they do not get angry about other things in
our society (ministry of transport does not attract attention)
- is CJS doing its job right and people take different positions on this
- issues rosined to forefront is issues of mental health and racialization
- pages of newspapers have constant debate on policing
- people get outraged about decisions judges make on sentencing, whether incarceration is
a proactive thing, criminal engaging in antisocial act gets probation all angers people
- anger and debates have an influence on government
- public policy around CJS are not always evidence paced but rather what is popular
- people often support punitive measures despite the fact that research shows especially in
young people harsh, punitive sentences do not work
Week 6
The Courts
How do people end up in court?
- People are only arrested in order to compel them to go to court
- Police tackling and arresting someone in the midst of crime is a small minority of cases
- Most people are arrested based on information
The arrest- Police officer swears information to JP
- JP’s are officers of the courts
- Police swears on information, provide justice of the peace with information
- Officer appearing for justice of the peace makes the case more serious
Reasonable grounds
JP can also issue a summons
- JP can issue a summons- a document that tells the person they need to appear at court, so
JP issues a warrant which gives police the authority to arrest someone
- When someone is arrested, charges are laid
- This is where we get down to the funnel of the criminal justice system
- Big part of the funnel is crimes that occur, small part is cases that make it to court
- If there is enough evidence then the JP and police officer can assume the trial will move
forward and obtaining a conviction here is possible
find more resources at oneclass.com
find more resources at oneclass.com
- If the case is in effect, but police feel there is little evidence, JP and officer can tell the
person the charge will not move forward and charges will not be laid due to lack of
evidence
Judicial Interim Release (Bail)
- Cases where charges are laid, vast majority of people charged with an offence can apply
for judicial release (bail)
- Bail is when someone who is charged with crime and is awaiting trial is freed of
detention and can go on with their lives till they have to make an appearance in court
Usually overseen by JP, except most serious cases
- In almost all cases, decisions on whether to grant someone bail is made by JP, but
extreme cases (murder) are made by Supreme Court of Justice
Crown can make case against it
- Crown (government) can make case against bail, can say accused is too much of a threat
to community and should not be granted bail
Surety- release on recognizance
- In Canada when someone is granted bail, there is a person known as a surety who
guarantees that the person will appear at court
- If you’re granted bail, but do not show up to court and try to run away, the person who
paid the bail will be held responsible and fines will be imposed
Conditions- the “Revolving Door”
- Conditions are placed in judicial release, person arrested on drug related charges will be
told not to partake in drinking alcohol or doing drugs, person charged with gang related
activities will be told to stay away from certain people
- Conditions of ail are referred to as the revolving door of justice- a term used to describe
people in and out of jail
- Most people are arrested once or twice, but some people are in and out of jail, mostly for
small charges
- These people are arrested for conditions of bail and bail can be revoked and they can be
sent back to prison
- Revolving door: person charged, let out on bail with conditions, then breaches conditions
and is put back in prison
Crown can make case against JIR
- Crown can make argument that this person is too dangerous and violent to be let out on
bail
- People being denied bail, deepens marginalization of certain communities
- Black and aboriginal male tend to be denied bail and long delays on their trial, they’re
spending months behind bars without being charged, civil rights issues- racialized people
denied bail because crown makes argument that they are too dangerous and we receive
stats that marginalized are over represented in prison- social issues
find more resources at oneclass.com
find more resources at oneclass.com
- Person is not compensated if they serve 6 months before case comes to trial and they are
found innocent, but if they are found guilty then the time they spent before goes towards
their sentence
- Different ways in which cases move forward, different categories of offences based on
seriousness of crime
Summary offences
- Minor offences and can proceed without jury trial
- Can move forward quite quickly
- these cases tend to have short sentences and fines
Indictable offences
- serious offences, jury trial
Hybrid offences- Crown decides
- crown can decide if they want to proceed with a summary offence or indictable offence
- often decided based on seriousness of crime, first time committing assault may be
summary offence
- 10th time committing assault may be indictable offence
The Trial: Arraignment
- trial begins with arraignment- person is charged with crime and appears in courts and
enter a plea (guilty or not guilty)
- if someone pleads guilty there is no trial, if someone pleads not guilty there is a trial
Processes
- how someone undergoes arrest
- how cases make their way through courts- plea bargaining, trial
- processes and institutions are not working in a vacuum or black canvas, being exercised
and put in force in messed up society we live in
Disclosure evidence
- crown is courts, prosecution
- crown is the representatives of people prosecuting someone for criminal acts
- crown must lay out evidence and information to offence beginning of trial
Exculpatory evidence
- crown must disclose exculpatory evidence, evidence proving person is innocent
- crown cannot go forward with charges if they have proof person did not commit the
crime
Stay of Proceedings- Crown
- at any time during trial, judge can issue a stay of proceedings, if crown wants to
prosecute person again, they have to show they have a stronger case
Defences
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
Cjs shaped by poverty and other social inequality, deal with mental illness that were not made aware of before but are now, racial inequality- disproportionately high representation of certain racialized communities in cjs. Is cjs simply reflecting what"s going on in canadian society or is it perpetuating these inequalities (deepening inequalities, racism etc. ) People are only arrested in order to compel them to go to court. Police tackling and arresting someone in the midst of crime is a small minority of cases. Most people are arrested based on information. The arrest- police officer swears information to jp. Police swears on information, provide justice of the peace with information. Officer appearing for justice of the peace makes the case more serious. Jp can issue a summons- a document that tells the person they need to appear at court, so. Jp issues a warrant which gives police the authority to arrest someone. When someone is arrested, charges are laid.
