Transcript Canada’s Legal Process

Canada’s Legal Process
Ms Levy
Preparing for Trial
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Arrested by the police
Taken to the police station
1 phone call made
Fingerprinted and photographed
Bail? – depends on crime committed and
whether or not your “person” can afford it.
Acquire legal help to prepare for trial
The Court System- the Crown
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Since we have a constitutional monarchy,
the legal community is represented by the
monarch.
The lawyers who are representing the
monarch are called the “CROWN”.
The crown’s purpose is to develop a case
against the accused and seek conviction.
The Court System- the Defense
Counsel
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Protects the rights of the accused
Questions the Crown’s evidence
Present alibis
Cross-examine the defense witnesses
Would attempt to seek an acquittal. (not
guilty)
A Plea Bargain
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Attempt by the Crown
to come to an
agreement with the
defense, whereby the
defendant pleads
guilty in exchange for
a lighter sentence.
Canadian Trial Process- sentencing
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The jury is responsible for finding the
accused guilty or not guilty. Criminal
record or no criminal record.
The judge is responsible for sentencing
Do you want to be a juror?
You must be 18
 A Canadian citizen
 On the voters list
 Many people get a notice, show up at court and
are excused.
 What sorts of things would excuse you from jury
duty?
http://www.attorneygeneral.jus.gov.on.ca/english/co
urts/jury/general_jury_duty_info.asp
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Sentencing choices
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Other than first degree murder
(premeditated) – automatic 25 years
The judge can decide whether to use the
minimum or maximum penalty.
All inmates must be reviewed for parole
after serving 1/3rd of their sentence or after
7 years (except for 1st degree murderers)
When deciding on a sentence, the
Judge must consider a # of items:
1.
2.
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Rights of the victim to be protected from further crime
Rights of the victim to present their concerns in the form of
impact statements that explain how they have been
affected by the crime
Rights of society to be protected from criminals
Right of the convicted to a sentence that matches the
seriousness of the crime
Right the convicted to participate in rehabilitation programs
which provide the convicted with counseling, skills, and
advice to help the person re-enter society as a contributing
member.
Suspended sentence
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A judgement that is not carried out,
provided the offender meets certain
requirements set out by the judge.
Ex Probation (go free under the supervision
of a parole officer)
Parole
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http://www.youtube.com/watch?v=xFg3342
DHDA
Early release with conditions, such as
reporting to a parole officer
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Ex. Not leaving your community, accepting a
curfew etc.
Verdict:
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Once the verdict is given, the Crown or the
Defense counsel can appeal.
The case would then go to the Court of
Appeal.
It can be appealed one final time at the
Supreme Court of Canada.
Rights After Release
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Homework: Should
offenders who have
served their full
sentence have the
same rights as all
citizens? Justify your
answer.
Website- You be the judge
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http://www3.thestar.com/static/Flash/crime/j
udge/cp_youbethejudge.html
Should Bullying be a Crime?
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What is your definition of bullying?
How should bullies be treated to prevent
further actions and to address immediate
incidents?
Should bullying in school vs out of school
be treated differently or separately? Why?