Unit 7 Courts
Give an example of one type of problem-solving court and briefly summarize its purpose
Examples include community courts, drug courts, mental health courts, and courts specifically for Indigenous persons.
Name and describe 3 types of offences
Summary, indictable, hybrid
True or false: The large majority of sentenced offenders serve their sentences in community.
TRUE
Describe the difference between static security and dynamic security
Static: Physical restrictions Fences Electronic surveillance Locks Restraint equipment
Dynamic:
Dynamic security Increased interaction between staff and inmates. Personal knowledge and relationships help influence behaviour. Promotes positive social behaviour.
Name one major piece of youth legislation in Canada.
JDA, YOA, YCJA
Name and describe the four levels of court in Canada.
•provincial/territorial courts
•provincial/territorial superior courts
•provincial appellate courts
•Supreme Court of Canada (SCC)
In a hybrid offence, who always decides whether to proceed as a summary or indictable offence?
The Crown/the prosecution
Probation officers are said to have to balance a 'dual role' or have conflicting responsibilities. Describe those differences to us.
Balancing monitoring and being strict with offenders and being a change agent/helping them.
When a person is sentenced to exactly 2 years in prison, do they serve in a provincial or federal facility?
Federal (2 years +)
Why are there youth laws?
A young person's brain is not fully developed, young peoples’ intent have been viewed differently. They have diminished moral blamworthiness.
There are three defining features of problem-solving courts. Name one.
(1) a focus on addressing the underlying problems of offenders, victims, and communities;
(2) interagency and interdisciplinary collaboration; and
(3) accountability to the community
What is a plea bargain and why is it important to our system?
The negotiation of an admission of guilt in exchange for something to benefit the accused.
Our system could not withstand having to go to trial for every single criminal case.
What is the difference between probation and parole?
Parole always follows a period of incarceration, is a literal part of the carceral sentence.
Probation is a sentence in and of itself, served in community.
What issue in corrections relates to Ashley Smith, Eddie Snowshoe and Adam Capay
The overuse of solitary confinement in Canada.
Name 3 major differences between the youth and adult systems
Many correct answers
Describe the roles of the following judicial occupations: judge, defence lawyer, and Crown counsel.
Judge: The “trier of facts” who interprets the law, assesses the admission of evidence, rules on motions, and (in the absence of a jury) decides on the guilt or innocent of the accused, and determines the sentence imposed in cases of a guilty verdict.
Defence lawyer: Represents the person charged with a crime, and ensures that the rights of the accused are protected throughout the criminal justice process. They are also responsible for negotiating a plea for their client outside of court.
Crown counsel: Lawyers who represent the (provincial or federal) government in court and who are responsible for prosecuting criminal cases.
What is the difference between bail and remand?
Bail describes the release of a person accused of a crime prior to trial
Remand describes detaining a person accused of a crime prior to trial
Briefly define and describe the purpose of a diversion program
The objective of a diversion program is to prevent offenders from being processed further into the formal criminal justice system. Diversion programs are designed to reduce costs, minimize social stigmatization, and assist offenders in addressing the specific factors related to their offending.
What is the difference between prisonization and institutionalization.
Prisonization: the process by which inmates become socialized into the norms, values, and culture of the prison
Institutionalization: the process by which inmates who have been incarcerated for long periods become unable to function in the outside, free community
Name 2 conditions where a young person can be identified in the media for having committed a crime.
•Adult sentence
• Danger to others
• Necessary to apprehend youth
Too long to type
Describe to me how a case comes before the Supreme Court of Canada. Start at the first level of court and explain how the appeal process works from there.
[Instead of writing a long response will talk about it]
What is the difference between a conditional discharge, conditional sentence and probation?
Conditional discharge: Person pleads or is found guilty, discharged. Record eventually erased.
Conditional sentence: convicted person who would otherwise be incarcerated for less than two years. This is not probation, but are supervised by probation officers.
Probation: a sentence that is designed as an alternative to custody.
Describe what is referred to as the "split personality of corrections"
Ensure public safety vs. Protect the rights of convicted persons
Maintaining security of corrections vs Ensuring rights of incarcerated people
Define and describe penal populism
THE PRESSURE ON POLITICIANS TO DEVISE PUNITIVE PENAL POLICIES THAT ARE ‘POPULAR’ WITH THE GENERAL PUBLIC