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Canada (162,165)
Sociology (1,785)
Chapter 6

Chapter 6- Criminal Procedure and Evidence

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Sociology 2253A/B
Jennifer Silcox

Criminal Procedure & Evidence 10/19/2013 9:30:00 AM two competing procedures that underline criminal procedure law:  crime control  due process o both influenced different aspects of criminal law o example of due process jury has to be unanimous for crown to prosecute OVERVIEW OF THE CRIMINAL JUSTICE PROCESS  At each level there are specific criminal justice process transitions smoothly throughout each level and ultimately results in the successful completion of given criminal case. Levels: o Police investigation o Prosecution’s analysis o Criminal court process POLICE INVESTIGATION  Once criminal offence comes to attention, three further steps must be satisfied before criminal trial process can be carried out o Correctly arrested o Accurately identified o Appropriately charged ARREST o Police must first determine who is responsible for the offence in question o If officer not present when offence happened it is common to interact with public and gather physical evidence (conduct investigation)  Also involved speaking to victims or witnesses o In order for arrest to be valid the police must respect the suspects legal rights that are protected by the Canadian Charter of Rights and Freedoms. o Arrest can be made only to:  Prevent a crime from being committed  Terminate a breach of peach  Compel a person to attend trail o The police need a warrant to arrest except for the following circumstances Caught a person in the act of committing an offence  have reasonable grounds for believing that a person has committed an indictable offence  Have reasonable grounds for believing person is about to commit an offence Reasonable grounds: that required basis for arrest; more than a hunch or mere suspicion Necessary in the public interest: one of the criteria that an arrest must meet if it is made without a warrant  Police must inform suspects that they have a right to remain silent and that any statement may be used against them CHARGE o Once charge has been laid crown has final say in whether to proceed or not o There are two other types of written statements that may also be involved during charging: information and indictment THE PROSECUTIONS ANALYSIS  Second essential part if criminal process because it ultimately the deciding factor as to whether or not case is heard in criminal court  Must follow two tiered test to prosecute or not: o Evidence test: whether there is sufficient admissible evidence to provide a realistic prospect of conviction o Public Interest Test: whether it is in public interest to prosecute  The public interest test recognizes that the resources needed to conduct a criminal trial is limited  The only exception to the public interest test is domestic violence cases where crown prosecutes have no discretion and are obligated to proceed to trail HYBRID OFFENCES  Indictable offences most serious crimes and are subject to a wide range of sentences-the most severe of which is life imprisonment  Summary offences include minor that are punishable by a fine of no more than $2000 or a maximum term of imprisonment for 6 months  Hybrid offences are majority of offences in Canada o Include assault, impaired driving, child pornography, sexual assault, criminal harassment o Crown has to decide whether to prosecute these cases as summary or indictable o The factors that the prosecution has to take into account are:  Whether the facts alleged make the offence a serious one  Whether the accused has lengthy criminal record  The sentence that will be recommended by the attorney general in event of conviction  The effect that having to testify at both a preliminary inquiry and a trail may have on victims or witnesses  Whether it would not be in the public interest to have a trail by jury PRELIMINARY INQUIRY  Trails for summary offences are always held in provincial courts  Most indictable offences accused given a choice to choose to have a trial at in case of capital indictable there is no choice it will be held in superior court  All preliminary hearings are held at provincial court and lawyers can present evidence and judge decides whether or not to proceed to trial at superior court level  The accused generally can issue one of the peremptory pleas: o Pardon: accused has been convicted of the same criminal code offence in prior criminal case o Autrefois acquit: accused has been acquitted of the same criminal code offence in prior criminal case o Autrefois convict: accused has been convicted of the same criminal code offence in a prior criminal case  End of the preliminary inquiry marks end of pretrial criminal process THE CRIMINAL COURT PROCESS  disclos
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