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CRIM 2652 Test 3 Review Package.docx

86 Pages

Social Science
Course Code
SOSC 2652
Anna Pratt

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CRIM 2652 Test 3 Review Package Main Topics Covered this term The Courts overview sentencing Gladue view from benchCorrections How we punish and limitsCurrent Issues Mental Health and Youth Justice PART 1 A THE COURTS 1OVERVIEW Lectures Jan 10 24 Overall Structure of the Courts Main areas of Court Process oPretrialoTrialoSentencingMain Goals of the Courts oDo Justice oProtect the rights of individuals in conflict with the lawKey Role of courts in the CJS oMete out justice independentlyoMonitoring function oHear criminal cases andoappeals Classification of Offences oSummary Conviction OffencesoIndictable Offences SUMMARY CONVICTION OFFENCES Less serious offence and less serious maximum penalty ie food fraud causing a disturbance minor assault solicitationfor the purpose of prostitution Tried by provincial court judge sitting aloneTried within 6 months of the when the offence took placeINDICTABLE OFFENCES Most serious offences ie homicide treason sexual assault armed robbery dangerous drivingCan be tried in different courts depending on seriousness of offence and preference of the accusedMore serious penalties including life imprisonmentMore serious intrusions against those charged ie pretrial detention photographing and fingerprinting for permanentrecord Increased protections for the accusedHybrid Dual offences Crown has the choice to proceed summarily or by indictmentAbsolute discretion of the CrownCan change at any time before trial beginsExamples assault theft fraud under 1000 impaired drivingTo allow flexibility and fairness to tailor to individual casesoffenders however also creates uncertainty andinconsistency Jurisdiction Legal authority of a court to hear a criminal matter and to apply a penalty upon convictionNo jurisdictionjudgment voidedCrimes committed in CanadaTerritorial Jurisdiction courts do not have jurisdiction over offences that occur mainly or wholly in anotherprovincePROVINCIAL AND TERRITORIAL COURTS Lower Courts EXCLUSIVE JURISDICTION OVER Provincial offencesSummary conviction offencesHybrid offences prosecuted as summary convictionOffences specified by s 553 may be indictable or hybridPROVINCIAL SUPERIOR COURTS Higher Courts Judges appointed and paid for by Federal GovernmentHear more serious indictable offencesMay also hear appeals of summary conviction trials at provincial or territorial courtsPROVINCIAL COURTS OF APPEAL Hear only appeals of criminal and noncriminal casesDecisions are binding on all courts in that provinceSUPREME COURT OF CANADA Highest court in the landHears only appeals from provincial courts of appealDecisions are binding on all courts KEY PLAYERS IN THE COURTSRole of Crown Attorney represent the stateProsecutions in the name of the publicbroad discretionary authorityMinister of Justice impartialPlayer in adversarial process R v Stinchcombe 1991Crown must disclose all evidence they obtain to the defense so the accused can prepare to defend themselves R v Boucher 1955Role of the Crown not to obtain conviction but to present the court with credible evidence relating to the alleged crimePowers duties of the Crown 1 To detain in custody 2 To direct police 3 To prosecute 4 To lay multiple charges 5 To negotiate pleas 6 To disclose or not disclose evidence 7 How to proceed on hybrid offences 8 To appeal at no personal cost KEY PLAYERS IN THE COURTS The Role of Defence Counsel Crown Defence Impartial advocate NOT impartial Ideal On salary Per case Pay Discretionary power No discretionary power Authority Defence Counsel as double agents Blumberg Crown Defence Agent of court with long term professional goals Agent of court with long term professional Occupational Goalsgoals DUAL RoleMin of Justicedefend clientAdversarial playerdefend systemself Practicework in secrecy work in secrecy Informal recipe knowledge Informal recipe knowledge ISSUES IN THE COURTS BailPreTrial Detention Upon arrest police can either 1Release the person and have them show up for court on their own recognizance OR2Detain the person and bring before a JP within 24hrs for a bail hearingPreTrial Detention and presumption of innocence oCharter and Bail Reform Act protect right not to be denied bail without just causeand the right to answer the charges prior to having liberty deprivedoPretrial release is the general ruleoUnless reverse onus applies prosecution must show cause to oppose releaseos515 10 of the CCC grounds justifying detentionIn order to ensure attendance in courtPRIMARY GROUNDSFor the protection of the public SECONDARY GROUNDSTo maintain confidence in the administration of justice TERTIARY GROUNDSBail Kelloughs findings Crown discretion consent to release or contestshow cause Formal factors eg type of charge severity record of accused failure to appear etc Social factors employment family status community standing citizenship etc Detention orders Based on Police reports which contained Police recommendationMoral assessmenttonePositive or negative informationthese had an impact on whether accused received pretrial detention or bail Release Orders
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