Criminal stuff

• Indictable offense 


  Serious criminal offences
• Bail


  Posting a sum of money to secure the release of the accused and guarantee a persons appearance at trial
• Bail


  -police decides to hold the accused in custody into their trial

  -section 11(e) guarantees the accused right to not be denied reasonable bail
• Prohibiting release of the accused (bail)

  -law enforcement: accused poses a danger to the public

  -accused will not show up for trial

  -reverse onus provision: shift in responsibility requiring thee accused to justify why they should be released
• Burden of proof


  Crown must prove the guilt of the accused beyond a reasonable doubt
• Reasonable doubt


  Honest and moral doubt to whether the accused is guilty of the crime. If the Crown is unable to satisfy the burden of proof the accused must be acquitted/not guilty
• Wrongful convictions


  Unsolved crimes like murder
• Wrongful convictions 


  Trial errors: Crown just trying to prove guilt without searching for the truth and ignores the presumption of innocence and right to a fair trial
• Wrongful convictions


  Desire to solve is to seek evidence to support theories and discount evidence that disproves it
• Wrongful convictions


  Weak evidence council does not stand up for accused rights
• Wrongful convictions 


  Discrimination of racial biases
• Wrongful convictions 


  Convictions despite doubt: guilt is not proven beyond a reasonable doubt and troubles with the review process
• Sentencing


  Protecting society, preventing re-offenders and condemning criminal acts
• Objectives when sentencing


  Denunciation: society's feelings and past criminal behaviour come into consideration when sentencing. It works well when criminals plan their crime
• Objectives when sentencing


  Separation of the offender: keep offender away form the public
• Objectives when sentencing


  specific deterrence: stop someone from re offending general deterrence: stop society from committing the same crime
• Objectives when sentencing 


  Rehabilitation is to treat and improve the offender and focuses on particular needs
• Objectives when sentencing


  Reparation and promoting responsibility: reparation's are payment for injuries/harm done
• Restorative justice


  Offenders accept responsibility for their actions. Judges consider different sentencing based on the circumstances of the case
• Considerations ~ Cruel and Unusual punishment

  Court looks at the harm done and how much to blame on their offender for their actions (can be challenged)
• Considerations ~ Aggravating & Mitigating factors

  aggravating: repeated offences, abuse, criminal organization, terrorism, or warrant a harsher sentencing
• Considerations ~ Parity & Totality

  parity: judges do not mark different sentences to the offenders in highly comparable cases totality: consecutive sentences are imposed, the combined sentences should not be harsh
• Considerations ~ Restraint

  Judges must use restraint from long sentencing if another option is there, like restorative justice
• Criminology


  Analyze the nature, causes and means of dealing with crime
• Criminology


  -why do people commit criminal acts

  -why do we consider certain behaviours criminal and others as bad

  -how our society can reduce criminal activity
• Criminal code of Canada

  controversies: deterring personal revenge, legal paternalism that prohibits self harm, and enforcement of morality