MGMT 202 Lecture Notes - Lecture 5: Beyond Reasonable Doubt (1982 Film), Summary Offence, Security Interest
- Sentences and procedures for administration of criminal justice
Summary Offence
- one of the 3 types of criminal offences
- A Summary offence is easier, a less serous penalty, less than six months incarceration, max fine of
$5000
- Example: loitering or a public disturbance
Indictable Offence
- one of the 3 types of criminal offences
- Serious offence
- Includes murder, rape, sexual assault, use of a firearm
Hybrid Offence
- one of the 3 types of criminal offences
- Crown can elect
Crown Counsel
- Hybrid Offences
- Discretionary Role: Indictment or summary conviction
May take into account:
- Seriousness of allegations
accused prior period
- Limitation period to lay a charge is six months
The Court System
Every province and territory in Canada, except Nunavut has
- Provincial and Territorial Courts
- Provincial and Territorial Superior Courts
- Supreme Court of Canada
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- Court Workgroup
Provincial and Territorial Courts
- Part of the Court System in Canada
- No jury in provincial courts
- Lowest level
- Majority of criminal cases
Provincial and Territorial Superior Courts
- Part of the Court System
- 10% of cases end up here
- Two Levels:
TRIAL
-Hears cases involving serious criminal offence, may involve injury
- Defendant can be choose to be tried alone or by a judge and a jury
APPEAL
- After case decided at the trial level, they will hear discussions that want to be appealed to a higher
court
- Reviews decisions of lower courts
Supreme Court of Canada
- Highest court of the land
- Court of last resort
- Grants "leave to appeal" in only 10% of cases -- grant permission to have case case heard at the
supreme court
- hears cases from all provinces and territories
Court Workgroup
- Adversarial System
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- System of justice that is based on two opposing sides
-Prosecution and defence arguing the guilt or innocence of a person before injury
CJ Professionals including- judge, crown counsel, defence lawyer
Beyond Reasonable Doubt
- The standard that must be met by the prosecution to convict a defendant is a criminal case, which
requires that the facts presented provide the only logical explanation for the crime
Two Premises:
1) The truth will emerge from the evidence presented from the defence and the crown
2) There will be a neutral third party who will make a decision solely based on the evidence
Judge
- Neutral Third Party
-Guilt or innocence
- Evidence
- Discretion
- Consequences
- Advantages
- Determines Sentence- providing oral and written reasons for decision
Judicial Discretion
Advantages
-Minimize wrongful conviction
- Minimize excessive punishments
- Reduce incarceration rates
- Increase better use of restorative sentences
- More equitable use of rehabilitative sentences
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