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Final

POLS3160 Final: 6-12

17 Pages
46 Views
Fall 2015

Department
Political Science
Course Code
POLS 3160
Professor
Kate Pudister
Study Guide
Final

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Describe something and then make an argument based on academic research
Op – ed (opinion piece)
Effective op-eds:
1. Identity a problem or current issue and explain that issue to a general audience
2. Examine the problem in light of academic research
3. Proposes a possible solution or explains a novel insight about the problem
a. Address counter arguments
4. Discuss the possible implications of the issue for the future
Style
- Less formal
- Clear message, focused on one central issue
- Draw the reader in and avoid the use of academic jargon
- Writing should be lively and clear, but not a rant
Successful
- Hook
- Contrary arguments
- Accessible language
- Anticipate objections and include counter arguments
- Finish on a clear note that reinforces central arguments
600-700 weird opinion piece
Topics
- Carding
- Truth in sentencing legislation
- Supervised safe injection sites
- Cancellation of the long gun registry
- Mandatory victim fine surcharge
- Topic of choice, approved by prof (must have approval before nov 3)
DUE NOV 6TH BY MIDNIGHT
October 26th, 2015
Count hierarchy (look at week 6 slides)
Provincial trial courts are called: courts of first instance
- 95% of all cases begin and end here
JURISDICTION OF CRIMINAL COURTS
- Indictable offences that must be heard in s.96 Superior Courts
oS.469 of criminal code:
Treason
Alarming her majesty
Intimidating parliament
Inciting mutiny
Seditious offences
Piracy
Murder
- Most criminal cases are heard in s.93 provincial courts of justice workhorses of the court
system
oOntario s.92 courts heard 4.9 million events in 2011-2012
In Ontario, 99% of docket are criminal cases
CRIMINAL COURT TRIAL PROCEDURE: BAIL
- Pre-trial stage: judicial interim release (bail)
- Many accused are released after arrest and processing by the police
oReleased on a promise to appear, and given a court date
- Those who are not released must have a bail hearing within 24 hours
o90% of youth detained met the 24 hour standard
oOne third of adults had to appear three or more times in bail courts before being
released
- Crown must show cause as to why bail cannot be granted
oExcept for reverse onus for specific charges: murder, drug trafficking, terrorism,
organized crime and offences committed while on bail
PRE-TRAIL DETENTION
- Detention of an accused in custody is justified only on one or more of the following
grounds
oWhen the detention is necessary to ensure his or her attendance in court (primary
grounds)
oWhere the detention is necessary for the protection of the public (secondary
grounds)
oIf the detention is necessary to maintain confidence in the admin of justice
(tertiary grounds)
Apparent strength of the prosecution’s case
Gravity of the offence
EFFECTS OF PRE-TRIAL DETENTION
- Men are more likely to be denied bail
- More likely to be denied bail if facing multiple charges and no place to live
- May negatively impact the ability of the accused to defend him or herself
oHire and communicate with lawyers
oFind evidence or witnesses to support case
oMaintain employment
- More likely to receive custodial sentences upon determination of guilt
- More likely to be perceived as guilty if you’re denied bail
- Time spent on remand is wasted or dead time
- Non-criminal justice effects
oJob loss
oStigmatization of the accused by the community
TRIAL PROCEDURE
- Arraignment and entering a plea (guilty/not-guilty)
o90% of people in Canada plea guilty
oOnly 10% of cases result in a trial
- Jury selection (if necessary)
oRandomly selected from a pool of citizens
oJurors who have a personal interest in the matter can be excused
oCrown and defence can challenge potential jurors for cause
Must argue hat the juror cannot be impartial in his/her decision making
Unlimited number of challenges
oLimited number of peremptory challenges (dismissal without cause)
Crown and defence allowed 20 for murder
12 for reason
And 4 for all other crimes
Usually used for racial bias, sexual orientation, HIV status and violence
against women
Midterm
Missed class – Oct 30th
Week 7
November 2nd, 2015
Sentencing: The judicial determination of a legal sanction on a person convicted of an offense
- Must be imposed by a judge (only judges can impose sentences)
- Sanction must be legal
- Must follow a criminal conviction
Least restrictive to most restrictive
- Absolute discharge
- Conditional discharge
- Probation
- Restitution and fines
- Imprisonment and intermittent imprisonment
- Long term offender
- Dangerous offender
PURPOSE AND PRINCIPLES OF SENTENCING
s.718 CCC
- Fundamental purpose of sentencing is to contribute, along with crime prevention
initiatives, to respect for the law and the maintenance of a just, peaceful and safe society
by imposing sanctions that have one or more of the following objectives

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Description
Describe something and then make an argument based on academic research Op ed (opinion piece) Effective opeds: 1.Identity a problem or current issue and explain that issue to a general audience 2.Examine the problem in light of academic research 3.Proposes a possible solution or explains a novel insight about the problem a.Address counter arguments 4.Discuss the possible implications of the issue for the future Style Less formal Clear message, focused on one central issue Draw the reader in and avoid the use of academic jargon Writing should be lively and clear, but not a rant Successful Hook Contrary arguments Accessible language Anticipate objections and include counter arguments Finish on a clear note that reinforces central arguments 600700 weird opinion piece Topics Carding Truth in sentencing legislation Supervised safe injection sites Cancellation of the long gun registry Mandatory victim fine surcharge Topic of choice, approved by prof (must have approval before nov 3) TH DUE NOV 6 BY MIDNIGHT th October 26, 2015 Count hierarchy (look at week 6 slides) Provincial trial courts are called: courts of first instance 95 of all cases begin and end here JURISDICTION OF CRIMINAL COURTS Indictable offences that must be heard in s.96 Superior Courts oS.469 of criminal code: Treason Alarming her majesty Intimidating parliamentInciting mutiny Seditious offences Piracy Murder Most criminal cases are heard in s.93 provincial courts of justice workhorses of the court system oOntario s.92 courts heard 4.9 million events in 20112012 In Ontario, 99 of docket are criminal cases CRIMINAL COURT TRIAL PROCEDURE: BAIL Pretrial stage: judicial interim release (bail) Many accused are released after arrest and processing by the police oReleased on a promise to appear, and given a court date Those who are not released must have a bail hearing within 24 hours o90 of youth detained met the 24 hour standard oOne third of adults had to appear three or more times in bail courts before being released Crown must show cause as to why bail cannot be granted oExcept for reverse onus for specific charges: murder, drug trafficking, terrorism, organized crime and offences committed while on bail PRETRAIL DETENTION Detention of an accused in custody is justified only on one or more of the following grounds oWhen the detention is necessary to ensure his or her attendance in court (primary grounds) oWhere the detention is necessary for the protection of the public (secondary grounds) oIf the detention is necessary to maintain confidence in the admin of justice (tertiary grounds) Apparent strength of the prosecutions case Gravity of the offence EFFECTS OF PRETRIAL DETENTION Men are more likely to be denied bail More likely to be denied bail if facing multiple charges and no place to live May negatively impact the ability of the accused to defend him or herself oHire and communicate with lawyers oFind evidence or witnesses to support case oMaintain employment More likely to receive custodial sentences upon determination of guilt More likely to be perceived as guilty if youre denied bail Time spent on remand is wasted or dead time Noncriminal justice effects
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