INTRO
Advantages of having a judge or a jury
- Presentation of evidence
• Crown evidence- direct or circumstantial
• Defence evidence-
* Innocent until proven guilty: Fundamental legal principle in Canadian law.
* Criminal Law Definition: Body of law that prohibits and punishes behaviour that harms people, property, or society.
Elements of a Crime
1. Mens Rea – “Guilty mind”; the intent or knowledge of wrongdoing.
2. Actus Reus – “Guilty act”; the physical act of the crime.
4 Types of Offences
1. Summary – Less serious (e.g., public disturbance); tried quickly, lighter penalties.
2. Indictable – More serious (e.g., murder); full trial, severe penalties.
3. Hybrid – Can be tried as summary or indictable depending on Crown's decision.
4. Quasi-criminal – Provincial offenses (e.g., traffic violations); not in Criminal Code.
Courts
* Federal Court: Handles national/federal matters (e.g., immigration, copyright).
* Provincial Court: Deals with most criminal cases, family law, traffic violations.
Appeal Process
* Reasons: Legal error, new evidence, unreasonable verdict, etc.
* 7 Grounds (examples): Error in law, error in fact, miscarriage of justice, etc.
* Error in law (e.g., judge gave incorrect legal instructions to jury).
* Error in fact (e.g., judge misunderstood evidence).
* Miscarriage of justice (e.g., unfair trial).
* Unreasonable verdict (e.g., verdict not supported by evidence).
* Improper admission/exclusion of evidence.
* Ineffective assistance of counsel (your lawyer didn’t represent you properly).
* Violation of Charter rights.
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Exploring the Legal System
4 Conditions for a Crime
1. Harm must be caused.
2. Act must be legally prohibited.
3. Punishment must be provided by law.
4. The state must prosecute.
4-Question Test for Criminal Acts
1. Was it intentional?
2. Was it voluntary?
3. Was it without legal justification?
4. Was it morally blameworthy?
3 Moral Terms
1. Legal vs. illegal
2. Moral vs. immoral
3. Social acceptability
7 Steps of Procedural Justice
1. Fair notice
2. Impartial tribunal - neutral unbiased decision making
3. Public hearing
4. Right to counsel
5. Right to present evidence
6. Cross-examination
7. Decision based on evidence
5 Types of Mens Rea
1. Intent
2. Knowledge
3. Recklessness
4. Wilful blindness
5. Criminal negligence
Parties to an Offence
* 4 Primary: Principal actor, aider, abettor, counselor
* 3 Additional: Accessory after the fact, party to common intention, attempt
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Key Legal Process Steps
15 Courtroom Roles: Judge, Crown, Defence, Accused, Clerk, Reporter, Jury, Witnesses, Bailiff, Court security, Interpreters, Expert Witness, Victim, Public / Media, Justice of the Peace etc.
8 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.Plea Bargain:
* A negotiation where the accused pleads guilty to a lesser charge or receives a lighter sentence to avoid trial.
* Bail: Release while awaiting trial; conditions may apply.
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Courtroom & Evidence
Jury Selection
* Exemptions: Age, profession, hardship
* Screening: Questionnaire
* Challenges:
* Peremptory: Without reason (limited use now) - reject potential jurus
* For cause: With reason
* Subpoena: Court order to appear in court
* A legal court order that requires a person to appear in court
Judge vs. Jury
* Judge: Faster, legal focus2
* Jury: Community involvement, multiple perspectives (12 people) (a groupn of people who make the decision)
* The Crown has the burden of proof and must present enough evidence to prove guilt beyond a reasonable doubt.
* The Defence can present evidence to raise reasonable doubt or challenge the Crown's case, but is not required to prove innocence.
* Types of Evidence
* Real Evidence (also known as Physical Evidence):
* Demonstrative Evidence: (facts)
* Documentary Evidence:
* Testimonial Evidence:
1. Direct
2. Circumstantial
3. Hearsay
4. Character
5. Expert
6. Physical
7. Documentary
8. Electronic
9. Illegally obtained (usually inadmissible)
* Self-Incrimination: Accused cannot be forced to testify against themselves.
* Examination:
* Direct: No leading questions
* Cross: Leading questions allowed
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Law Enforcement & Rights
* Police Brutality: Abuse of power, often tied to bias
* Bias: Based on race, religion, culture
* Detain vs. Arrest:
1. Detain: Temporary hold
2. Arrest: Charged with a crime, rights read
* Section 8 Charter: Protection from unreasonable search/seizure
* 3 Arrest Options:
1. Arrest with warrant
2. Arrest without warrant
3. Appearance notice
* Miranda Rights: Right to remain silent, right to counsel (Canadian version)
* Police Roles (6): Enforce laws, prevent crime, investigate, maintain order, assist, testify
* Rights of the Accused: Right to silence (section 11.c) ,
* counsel (section 10.b) ,
* fair trial(section 11.D) , bail (section 11.E)
* protection under cruel punishment (section 12)
* Right to jury (section 11.F)
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Offences
* Specific offences you studied (e.g., theft, assault, murder) – be ready to define and explain examples or cases
* Murder
* Robbery
* Aggravated sexual assault
* Break and enter (into a dwelling)
* Drug trafficking
* Assault
* Theft under or over $5,000
* Impaired driving (DUI)
* Fraud
* Uttering threats
* First-degree murder (planned and deliberate)
* Second-degree murder (intentional but not premeditated)
* Manslaughter (unintentional killing due to negligence or reckless action)
* Infanticide
* Attempted murder
* Aggravated assault
* Assault with a weapon
* Sexual assault / Aggravated sexual assault
* Kidnapping
* Human trafficking
* Criminal harassment (stalking)
* Forcible confinement
* Extortion
* Threats to cause death or bodily harm
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Youth Criminal Justice Act (YCJA)
* Ages: 12–17
* Separate system: Focus on rehabilitation, not punishment
* Teenagers lack maturity, impulse control, and long-term thinking.
* They may not fully understand the consequences of their actions.
* The justice system acknowledges that youth can make mistakes and grow from them
* Privacy: Protected identity
* Youth Sentences: Reprimands, probation, community service, custody
* Adult Sentencing: Used for severe crimes (e.g., murder)
* Focus: Rehabilitation and reintegration
* Date: January 2003, Mississauga, Ontario.
* Name: Bathtub girls
* Offenders: Two teenage sisters, aged 15 and 16.
* Victim: Their mother, Linda Andersen.
* Motive: The sisters were frustrated with their mother's alcoholism and believed killing her would allow them to access life insurance money.
* Method:
* They sedated their mother with alcohol and Tylenol 3 pills.
* They drowned her in the bathtub, attempting to make it appear as an accident.
* Discovery: The death was initially ruled accidental, but a friend later came forward with crucial information.
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👩⚖️ Legal Proceedings:
1. Arrest & Conviction:
* The sisters were arrested after the friend's information led to an investigation.
* In 2005, they were convicted of first-degree murder.
2. Sentence:
* They received the maximum youth sentence under the Youth Criminal Justice Act (YCJA): 10 years (6 years of incarceration and 4 years of community supervision).
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🔄 Aftermath & n Rehabilitation:
1. Rehabilitation:
* After serving their sentences, both sisters reintegrated into society.
2. Current Status:
* One became a scientist and pursued higher education.
* The other graduated from law school and started a family.
3. YCJA Impact: The case is often discussed in debates about the effectiveness of the YCJA in rehabilitating young offenders.
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Sentencing
* Definition: Punishment given after conviction
* Factors Considered:
1. Aggravating: Increases severity (e.g., hate crimes)
2. Mitigating: Reduces severity (e.g., remorse)
* Purposes of Sentencing:
1. Retribution
2. Deterrence
3. Rehabilitation
4. Protection of society
5. Denunciation
* Goals: Reform, deter, denounce, incapacitate, and reintegrate
* Restorative Justice: Focus on healing – sentencing circles used in Indigenous communities
* 4 Sentencing Principles:
1. Proportionality
2. Restraint
3. Individualization
4. Accountability
5 Types of Sentencing
1. Probation
2. Incarceration (sent to jail) federal 2 and more years) (proveial 2 and less years)
3. Community Service
4. Fines
5. Conditional Sentence (serve time in community)