Canada’s Legal Process Ms Levy

Preparing for Trial 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 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 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 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 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? urts/jury/general_jury_duty_info.asp

Sentencing choices 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 1/3 rd of their sentence or after 7 years (except for 1 st degree murderers)

When deciding on a sentence, the Judge must consider a # of items: 1. Rights of the victim to be protected from further crime 2. Rights of the victim to present their concerns in the form of impact statements that explain how they have been affected by the crime 3. Rights of society to be protected from criminals 4. Right of the convicted to a sentence that matches the seriousness of the crime 5. 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 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 DHDA DHDA Early release with conditions, such as reporting to a parole officer Ex. Not leaving your community, accepting a curfew etc.

Verdict: 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 Homework: Should offenders who have served their full sentence have the same rights as all citizens? Justify your answer.

Website- You be the judge udge/cp_youbethejudge.html udge/cp_youbethejudge.html

Should Bullying be a Crime? 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?