Alyssa Elligson
Quiz by , created more than 1 year ago

Criminology

5
0
0
Alyssa Elligson
Created by Alyssa Elligson over 6 years ago
Close

CC 102- (6) Role of the Defence Counsel

Question 1 of 14

1

Criminal Defence Lawyers represent people who find themselves accused of crimes

Select one of the following:

  • True
  • False

Explanation

Question 2 of 14

1

Criminal Defence lawyers job begins:

Select one or more of the following:

  • before court, Canadian Charter of Rights & Freedoms: everyone has the right on arrest or detention.. to retain & instruct counsel without delay & to be informed of that right

  • in court

  • after person is caught

  • right to remain silent until lawyer comes, protects against false confessions

Explanation

Question 3 of 14

1

Select from the dropdown lists to complete the text.

Release of the Client on ( Bail, acquittal, parole ):
-task of criminal defence lawyers is to attempt to ( persuade, convince, deter ) the police to allow the client-detainee to be released on bail

-Criminal Code requires person who has not been arrested be brought before a justice of the peace within a day or 2 for a bail hearing
-bail issue is most important in criminal process
-long delays can result in ( guilty pleas, impatience, inability to wait for sentencing ) so they don't have to wait in remand facility

Explanation

Question 4 of 14

1

in reference to a bail hearing a Surety is:

Select one of the following:

  • someone who is willing to pledge a sum of money as a guarantee of that person's ability to supervise the detainee if released

  • being sure the offender will be okay in society

  • being a counsellor for offenders just released

  • all of the above

Explanation

Question 5 of 14

1

Defence lawyers must also function as social workers, counsellors by helping to arrange for their client's treatment, secure employment or re- enrolment in school

Select one of the following:

  • True
  • False

Explanation

Question 6 of 14

1

Fill the blank spaces to complete the text.

Criminal Defences can be divided into 2 categories:
1. Defences
2. Defences

defences: involves a challenge to the evidence that the police has gathered in the course of the investigation that resulted in the charge(s) against the client
e.g. witness is lying / mistaken

Defences: considers whether or not what the person is accused of doing should be considered "criminal"
e.g. there may be no dispute my client shot her husband, but it may have been self-defence (legally justified)

Explanation

Question 7 of 14

1

When trying to determine what defence a client has to a criminal charge, they need to gather information relevant to the case:

Select one or more of the following:

  • comes from police & reports

  • comes from witness statements and other info they can provide

  • comes from court decisions

  • known as Disclosure to the defence

Explanation

Question 8 of 14

1

Fill the blank spaces to complete the text.

At this point: the defence lawyer presents the client with 2 options:
1. plead in the hope of obtaining a more lenient sentence from the court
2. or schedule a date for a , at which point the client can plead not guilty & contest the prosecutors case

*most clients opt to have their lawyer negotiate a

Explanation

Question 9 of 14

1

The term Plea Bargain means in exchange for giving up the right to a full trial, the accused receives the prosecutors recommendation for a more lenient sentence than would normally be sought in a trial sentencing

Select one of the following:

  • True
  • False

Explanation

Question 10 of 14

1

Criminal defence lawyer does this when representing a client at a trial:

Select one of the following:

  • develops an innocence narrative to compete with the guilty narrative constructed by the police

  • developing a guilty narrative to compete with a innocent narrative

  • develops a theory and finds evidence

  • none of the above

Explanation

Question 11 of 14

1

Next element includes the characters- who are the people involved?
must do a cross-examination of the witness

Select one of the following:

  • True
  • False

Explanation

Question 12 of 14

1

A criminal defence lawyer must maintain the jury's interest in the case;

Select one or more of the following:

  • important points that arise in middle of a long cross-examination of a witness can be lost if the jury isn't paying attention

  • sometimes using diagrams, photographs, computer simulations can keep them interested

  • by being monotone and presenting a speech to the jury

  • all of the above

Explanation

Question 13 of 14

1

Select from the dropdown list to complete the text.

( Constitutional, institutional, Consensual ) Issues: sometimes a trial focuses on law itself

*famous Canadian Example- trial of Dr. Henry Morgentaler (anti-abortion laws violated section 7 of the charter of rights & freedoms)

-his defence focused on the constitutional validity of the law itself- argued that it did not matter whether or not his client had done what the prosecutor was alleging because if he had, the Charter prohibited the Government of Canada from making it a crime to do those things

Explanation

Question 14 of 14

1

Defending people who may be guilty:

Select one or more of the following:

  • only way to reduce number of wrongful convictions is to ensure that the system never cuts corners, no matter how heinous the crime

  • defence lawyers keep the criminal justice system honest & true

  • everyone has the right to a fair trial of innocence or guilt

  • defending people who may be guilty is bad and should not be done

Explanation

Previous
Next