Legal System Overview

Advantages of Having a Judge or Jury

• Presentation of Evidence
  • Crown evidence: direct or circumstantial
  • Defence evidence
• Innocent Until Proven Guilty: Fundamental legal principle in Canadian law.
• Criminal Law Definition: Prohibits and punishes harmful behavior to people, property, or society.

Elements of a Crime

1. Mens Rea: "Guilty mind"; intent or knowledge of wrongdoing.
2. Actus Reus: "Guilty act"; physical act of the crime.

Types of Offences

1. Summary: Less serious, e.g., public disturbance.
2. Indictable: More serious, e.g., murder.
3. Hybrid: Can be tried as summary or indictable.
4. Quasi-criminal: Provincial offenses, e.g., traffic violations.

Court System

• Federal Court: Handles national matters, e.g., immigration.
• Provincial Court: Deals with most criminal cases.

Appeal Process

• Reasons for Appeal: Legal error, new evidence, miscarriage of justice, etc.
• Examples: Error in law, fact, miscarriage of justice, unreasonable verdict.

Exploring the Legal System

Conditions for a Crime

1. Harm caused.
2. Act legally prohibited.
3. Punishment provided by law.
4. State must prosecute.

Moral Considerations

1. Legal vs. illegal
2. Moral vs. immoral
3. Social acceptability

Procedural Justice Steps

1. Fair notice
2. Impartial tribunal
3. Public hearing
4. Right to counsel
5. Right to present evidence
6. Cross-examination
7. Decision based on evidence

Types of Mens Rea

1. Intent
2. Knowledge
3. Recklessness
4. Wilful blindness
5. Criminal negligence

Parties to an Offence

• Primary: Principal actor, aider, abettor, counselor
• Additional: Accessory after the fact, party to common intention, attempt

Key Legal Process Steps

Courtroom Roles

• Judge, Crown, Defence, Accused, Clerk, Reporter, etc.

Steps to Trial

1. Arrest
2. Release
3. First Appearance
4. Disclosure
5. Crown Pre-Trial
6. Judge’s Pre-Trial
7. Trial
8. Verdict/Sentencing

Plea Bargain

• Accused pleads guilty to a lesser charge for lighter sentence.

Bail

• Release while awaiting trial; conditions may apply.

Courtroom & Evidence

Jury Selection

• Exemptions: Age, profession, hardship
• Challenges: Peremptory, For cause

Judge vs. Jury

• Judge: Faster, legal focus
• Jury: Community involvement, multiple perspectives

Types of Evidence

• Real, Demonstrative, Documentary, Testimonial (Direct, Circumstantial, Hearsay, etc.)

Self-Incrimination

• Accused cannot be forced to testify against themselves.

Law Enforcement & Rights

Police Brutality

• Abuse of power, often tied to bias

Detain vs. Arrest

• Detain: Temporary hold
• Arrest: Charged with a crime, rights read

Section 8 Charter

• Protection from unreasonable search/seizure

Miranda Rights

• Right to remain silent, right to counsel

Police Roles

• Enforce laws, prevent crime, investigate, etc.

Rights of the Accused

• Right to silence, counsel, fair trial, bail, etc.

Offences

Specific Offences Studied

• Theft, assault, murder, robbery, DUI, etc.

Youth Criminal Justice Act (YCJA)

Ages: 12–17

• Focus on rehabilitation, not punishment

Privacy

• Protected identity

Youth Sentences

• Reprimands, probation, community service

Adult Sentencing

• For severe crimes

Case Study: Bathtub Girls

• Date: January 2003
• Location: Mississauga, Ontario
• Offenders: Two teenage sisters
• Victim: Their mother, Linda Andersen
• Motive and Method: Frustration with mother's alcoholism, sedated and drowned her

Legal Proceedings

1. Arrest & Conviction
2. Sentencing: Maximum youth sentence

Aftermath & Rehabilitation

• Reintegration into society, careers pursued
• YCJA impact on rehabilitation debates

Sentencing

Definition

• Punishment given after conviction

Factors Considered

1. Aggravating
2. Mitigating

Purposes of Sentencing

1. Retribution
2. Deterrence
3. Rehabilitation
4. Protection of society
5. Denunciation

Types of Sentencing

1. Probation
2. Incarceration
3. Community Service
4. Fines
5. Conditional Sentence

Restorative Justice

• Focus on healing, sentencing circles in Indigenous communities

Sentencing Principles

1. Proportionality
2. Restraint
3. Individualization
4. Accountability