Flashcards
Admins to Crim
Cards in this deck (82)
- 1(Bail)A form of release authorized when a "more serious offence" (ie. murder) is for what and by who?Bail, a Superior Court Justice
- 2(Bail)A person in custody who has NOT been released by the Officer in Charge of the Lockup must be brought to court within what time frame? and for what reason?Within 24 hours, or as soon as is reasonably possible, in order "to determine
the merits of their detention" - 3(Bail)Majority of people are released as a consequence of which two factors?1.) Section 11(e) of the Charter – states that any person charged with an offence has the right not to be denied bail without reasonable cause
2.)Bail Reform Act of 1972 – intended to prevent hardships to accused who might have previously b - 4(Bail)In this stage individual has been charged but not convicted and is released as a consequence of which of the two factors ?Section 11(e) of the Charter – states that any person charged with an offence has the right NOT to be denied bail without reasonable cause
- 5(Bail)When an individual is not to contact the victim, not to be found in a particular neighbourhood, not to have weapons or use alcohol, the above mentioned are examples of?When an individual is released on bail with conditions
- 6(Bail)A monetary deposit that is "forfeited if they fail to appear", which type of bail?A recognizance (bail)
- 7(Bail)"a show cause hearing" is defined as?Where the Crown must show the reasons why such a detention is justified
- 8(Bail)A check to make sure you’re not being held for too long is a form of?"a show cause hearing"
- 9(Bail)In some situations, reverse onus can apply, define "reverse onus":The accused must show "cause" as to why he/she ought to be released
- 10(Bail)When people are on bail and they screw up, violated their conditions of bail and then they have to explain to a judge why they should be released, this example is viewed as:A "reverse onus"
- 11Explain the i.e.: Reverse Onus =BurdenUsually "the burden" is on the crown to prove x,y,z, in reverse onus-
"the burden" is placed on the accused "to show cause" - 12(Bail)Serial killers will hardly ever receive a bail, but if they do, it is approved by who and with?a Superior court Judge can set the bail, it would be extremely expensive, with lots of conditions.
- 13You cannot be detained by the authority without the authority producing "reasonable cause", this is:Habeas Corpus
- 14The Latin meaning of Habeas Corpus is defined as:“to produce/show the body”
- 15A writ of Habeas Corpus (known as "The Great Writ") is actually:"A summons with the force of a court order"; it is addressed to the Officer in Charge of the Lockup, who then takes it to the JP to determine if there is reasonable cause to detain
- 16(Bail)We can be released with or without?Monetary deposit (bail)
- 17(Bail)Some people are flight risks so they set their bail and they appear in court because:They don’t want to loose
the money they put up - 18Individuals denied a release are remanded into custody through a warrant of committal authorized by a JP or a judge, this is defined as:Pretrial Remand
- 19(Pretrial Remand)To not be provided with education, substance abuse treatment, counselling or other rehabilitative help, are examples of:Individuals "in remand"
- 20(Pretrial Remand)Some jurisdictions lack suitable facilities for housing those "in remand" and so they are housed in maximum security settings, why is this an issue?Maximum security settings are
1.) expensive to maintain
2.) increasing numbers "in remand"
mean "increasing system costs"
3.) it can be a potential danger to the individual - 21(Rising Remand Numbers)According to StatsCan (2006) is:An increasing number of adults have been admitted to remand in the last decade
i.e.(+14%) - 22(Rising Remand Numbers) the second stat mentioned in class - According to StatsCan (2006) is:As a result of longer stays in remand, the average number of adults in remand has also increased during this time period (+83%), thereby causing institutional bed spaces to be filled for a longer period of time
- 23(Rising Remand Numbers) The reason we are seeing "more and more people being held for longer and longer times" is to show that? and for what reason?1.)They’re tough on crime
2.)they wanted more people to get denied bail to "show a message" - 24(Up to Date Statistics of Remand #s) as of 2008/9:2008/9: number of people being held is "increasing" but the number of people being sentenced in "decreasing"
- 25The Don Jail is an example of?Example of a remand centre
- 26The saying "if you weren’t a criminal going in you will be coming out" is in reference to?The infamous reputation for hard core time at the Don Jail
- 27"holes in the wall" - in the past they used this mentality when building jails, for which reason?To make people not want to come back.
- 28Seg Unit: segregation is used for?mental illness, safety etc.
- 29(Plea Negotiations/Bargains) A form of negotiation between a person charged with an offence and a crown prosecutor is?plea bargaining
- 30(Plea Negotiations/Bargains) The accused person usually negotiates through who?his/her counsel
- 31(Plea Negotiations/Bargains) What are the various forms of pleas that can be negotiated?A.) plead guilty to some offences to have other charges withdrawn
B.) pleading guilty for sentence considerations (usually a lesser sentence, but can always be for Crown recommendations as to where sentences are to be served, etc.) - 32(Plea Negotiations/Bargains) What is another example of various forms of plea that can be negotiated?C.) the accused and Crown can negotiate over facts upon which a guilty plea will be entered i.e.: The Crown will NOT put forward an aggravating factor that might draw a harsher sentence, or may put forward "a mitigating factor" that might "reduce" sentence
- 33(Limits on Plea Bargains)When can plea negotiations may take place?before or during a trial
- 34(Limits on Plea Bargains) Judge is not "obligated" to take Crown’s recommendation on sentence even when?even when aware of the
existence of a plea agreement - 35(Limits on Plea Bargains)sometimes the judge will give a longer sentence / harsher conditions etc., an example of this is?In the majority of cases the judge will accept the plea, but they don’t have to.
- 36(Limits on Plea Bargains)Why does the state engage in plea bargaining? Give 3 Examples:1.)spare witnesses "the trauma or inconvenience" of a trial
2.)reduce court time and costs
3.)unreliable witnesses, lost evidence, etc. - 37(Limits on Plea Bargains) what was the outcome of the profs i.e.: two men who defended themselves against charges of possession for the purpose of trafficking?the two accused men approached the Crown Prosecutors and asked for a plea bargain because they were in over their heads, "CP agreed"
- 38(Limits on Plea Bargains) even in the hallway of the court room is an example of what?plea bargains can happen anywhere
- 39multiple crimes (robbery, assault, auto-theft etc.) is an example of:multiple forms of indictment
- 40(Plea bargain/multiple forms of indictment)Giving them "more bargaining chips" when their are multiple forms of indictment is described as:they count up all charges when putting together an indictment,
they often "up-charge", so they can
"bargain down" (to for example 4 counts) -which gives more bargaining chips - 41The profs example of "judges can over rule pleas" was defined asExample of the "Alcohol Gambler Robbery"
Judge over ruled, her father had been victim to a home invasion and she bumped
up the time to 10 years with parole - 42To spare families and loved ones the ordeal of a trial is a reason why:innocent people plead guilty
- 43The Profs i.e.: Why innocent people plead guilty is the?Trans-women - To spare families and loved ones the ordeal of a trial
- 44What were the key points of the Trans-woman i.e.:1.)involved with drugs and was caught holding for someone else
2.)charged with possession with the intent to traffic
3.)the cost of lawyers, time for the trial etc. and realized it was just not worth it to put her parents through that all given her already terrible childhood - 45Another reason why an innocent individual would plead guilty is?If the offense is minor and the accused is being held in pre-trial detention, they may
feel under pressure to plead to avoid spending weeks or months in jail. - 46Some low-income men and women plead guilty because of which reasons?1.)when they have a valid defense;
2.)they are afraid to lose income or jobs if they take time off work. - 47(Innocent people plead guilty) The i.e. "feeling helpless and hopeless" and pleading guilty is especially prevalent through which people?Aboriginal peoples and people who have suffered systematic racism i.e.:
these people already feel helpless and it becomes easier not to fight - 48(Innocent people plead guilty)there was been lots of cases of wrongful convictions/ people put on death row because they got a bad deal, this is the result of:Individuals pressured into accepting a deal by their lawyer
- 49(Legal Defences, understanding provocation) A ‘partial’ defense wherein the accused admits committing the offense but, offers the excuse that they lost control of themselves is part of:Understanding Provocation
- 50(Legal Defences, understanding provocation)In Canada, provocation is only permitted as?a partial defense in cases involving murder
- 51(Legal Defences, understanding provocation)a successful defense of provocation will result in the reduction of a murder charge to?manslaughter
- 52(Legal Defences, understanding provocation) "Culpable homicide" that otherwise would be murder may be reduced to manslaughter if which?If the person who committed it did so in "the heat of passion caused by sudden provocation."
- 53"A wrongful act" or "an insult" that is of such a nature as to be sufficient to deprive an ordinary person of the power of self-control is provocation for the purposes of this section if the accused acted on it on the sudden and before there was time for his/her passion to cool, is defined as:Provocation
- 54A man comes home to find his wife in bed with his best friend and "in the heat of the moment" kills them both, is an example of:Historically provocation defence has been used by men
- 55What defense have men used as an excuse to kill women?provocation defence
- 56The idea that people get so angry that they cant control themselves, research actually shows that some parts of the brain light up when someone is overcome by rage is an example of:“Seeing Red”
- 57Provocation and “Seeing Red”:Provocation: “a wrongful act or an insult" that is of such a nature as to be "sufficient to deprive" an ordinary person of "the power of self control”
- 58The “ordinary man test” asks:Asks ordinary people if they would have done the same thing in the same situation
- 59If you have time to think about it, you have time not to do it, this is the opposite of:provocation: must be instant and immediate, there’s no cool down period
- 60Prof. Huey was watching Dr. Phil, and the episode was about people who "lack impulse control" and:saying that there are biological reasons / genes that explain this behaviour,
- 61(Dr. Phil i.e.) "this may further the provocation defence in the future" is a result from"lack impulse control" and that there are biological reasons / genes that explain this behaviour
- 62NCRMD stands for:"Not Criminally Responsible due to Mental Disorder"
- 63(NCRMD)The M’Naghten case is the origin of?the origin of NCRMD
- 64(NCRMD)s.16 of the CCC allows a defense of?"Not Criminally Responsible due to Mental Disorder" because, In Canada, we don’t have an ‘insanity’ defense
- 65No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong, this is?s.16 of the CCC
- 66Every person is presumed not to suffer from a mental disorder so as to be exempt from criminal responsibility by virtue of subsection (1), until the contrary is proved on the balance of probabilities.Presumption under s.16 of the CCC
- 67(NCRMD)That an accused was suffering from a mental disorder so as to be exempt from criminal responsibility is on the party that raises the issue this defined as:The burden of proof
- 68(NCRMD)With burden of proof the onus is on?The accused to support the idea that they were not criminally responsible at the time of the act.
- 69(NCRMD)A crime can happen in 2009 and be tried in 2011 - a lot can change in that time - this is determining lack of criminal intent when the crime was committed, this is defined as?‘fitness to stand trial’
- 70What the steps that happens with a person who is found NCRMD?1.) NOT acquitted or convicted, a third option
2.)the individual will be sentenced by the court or diverted to a provincial Review Board
3.)which will assess him/her and sentence the offender to: - 71What the rest of the steps that happens with a person who is found NCRMD?4.)An absolute discharge
5.)A conditional discharge as long as they keep taking meds/ meet their conditions etc.
6.)Detention in custody of a forensic psychiatric hospital - 72Which step happens in "the majority" of NCRMD cases?Detention in custody of a forensic psychiatric hospital
- 73Huey said children don't understand certain concepts the same as adults do, and thus they are held to a different standard when it comes to the law, she said mental ill people are in a way like children, and they too should be held to a different standard, this i.e. is:Huey and Kent vs. Harper Example
- 74(NCRMD)They take there perception drugs and then go do street drugs to balance out the effectsHuey's example of Schizophrenia symptoms can only be sedated, it
‘zombiefies’ them, this is often why there is a ‘dual-diagnosis’ - 75(NCRMD)He was deemed responsible for their deaths, but not criminally responsible for the slayings, this example was about?Allan Scheondorn murdered 3 of his kids, it was said that he did it to get revenge on his estranged ex-wife who denied getting back together with him
- 76(NCRMD)created under the Harper government to make sure people like Scheoborn and other mentally ill murders will be kept off the streets for a long, long, time and sometimes indefinitely, what is this?Bill C-54 NCRMD ‘Reform’ Act
- 77This denies people who are designated as “high-risk” from obtaining "conditional or absolute discharge" or "the eligibility for unescorted/escorted day passes"The “Not Criminally Responsible Reform Act”(Harper)
- 78Harper was using this case to further his political agenda, it was for political gain, and he was exploiting the victims, what is this example?In Huey's lecture, A picture of Harper announcing Bill C-54 with Shoendorn’s wife and pictures of their three dead children
- 79(Legal Defences, Questions of Fact)whether a particular wrongful act or insult amounted to provocation are referred to as:"questions of fact"
- 80(Legal Defences, Questions of Fact)whether the accused was deprived of the power of self-control by the provocation that he alleges he received?also "questions of fact"
- 81(Legal Defences, Questions of Fact) no one shall be deemed to have given provocation to another by doing anything that he had a legal right to door by doing anything that the accused incited him to do in order to provide the accused with an excuse for causing death or bodily harm to any human being
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