Quiz
CC 102- (6) Role of the Defence Counsel
This quiz has question types that open in the usual player.
Questions in this quiz (14)
1Criminal Defence Lawyers represent people who find themselves accused of crimes
- ATrue
- BFalse
2Criminal Defence lawyers job begins:
- Abefore 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
- Bin court
- Cafter person is caught
- Dright to remain silent until lawyer comes, protects against false confessions
3Release of the Client on [blank_start]Bail[blank_end]:
-task of criminal defence lawyers is to attempt to [blank_start]persuade[blank_end] 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 [blank_start]guilty pleas[blank_end] so they don't have to wait in remand facility- ABail
- Bacquittal
- Cparole
- Dpersuade
- Econvince
- Fdeter
- Gguilty pleas
- Himpatience
- Iinability to wait for sentencing
4in reference to a bail hearing a Surety is:
- Asomeone who is willing to pledge a sum of money as a guarantee of that person's ability to supervise the detainee if released
- Bbeing sure the offender will be okay in society
- Cbeing a counsellor for offenders just released
- Dall of the above
5Defence lawyers must also function as social workers, counsellors by helping to arrange for their client's treatment, secure employment or re- enrolment in school
- ATrue
- BFalse
6Criminal Defences can be divided into 2 categories:
1. [blank_start]Factual[blank_end] Defences
2. [blank_start]Legal[blank_end] Defences
[blank_start]Factual[blank_end] 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
[blank_start]Legal[blank_end] 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)- AFactual
- BLegal
- CFactual
- DLegal
7When trying to determine what defence a client has to a criminal charge, they need to gather information relevant to the case:
- Acomes from police & reports
- Bcomes from witness statements and other info they can provide
- Ccomes from court decisions
- Dknown as Disclosure to the defence
8At this point: the defence lawyer presents the client with 2 options:
1. plead [blank_start]guilty[blank_end] in the hope of obtaining a more lenient sentence from the court
2. or schedule a date for a [blank_start]trial[blank_end], at which point the client can plead not guilty & contest the prosecutors case
*most clients opt to have their lawyer negotiate a [blank_start]plea bargain[blank_end]- Aguilty
- Btrial
- Cplea bargain
9The 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
- ATrue
- BFalse
10Criminal defence lawyer does this when representing a client at a trial:
- Adevelops an innocence narrative to compete with the guilty narrative constructed by the police
- Bdeveloping a guilty narrative to compete with a innocent narrative
- Cdevelops a theory and finds evidence
- Dnone of the above
11Next element includes the characters- who are the people involved?
must do a cross-examination of the witness- ATrue
- BFalse
12A criminal defence lawyer must maintain the jury's interest in the case;
- Aimportant points that arise in middle of a long cross-examination of a witness can be lost if the jury isn't paying attention
- Bsometimes using diagrams, photographs, computer simulations can keep them interested
- Cby being monotone and presenting a speech to the jury
- Dall of the above
13[blank_start]Constitutional[blank_end] 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- AConstitutional
- Binstitutional
- CConsensual
14Defending people who may be guilty:
- Aonly way to reduce number of wrongful convictions is to ensure that the system never cuts corners, no matter how heinous the crime
- Bdefence lawyers keep the criminal justice system honest & true
- Ceveryone has the right to a fair trial of innocence or guilt
- Ddefending people who may be guilty is bad and should not be done
Information
- Description
- Criminology
- Author
- Alyssa Elligson
- Language
- English
- Views
- 17
- Tags
- Rating
- No ratings yet Rate this quiz