Ch. 6 - Criminal Procedure and Evidence Flashcards Preview

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Flashcards in Ch. 6 - Criminal Procedure and Evidence Deck (48)
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31

What is automatism?

Actions without conscious thought or intention (no mens rea).

32

What are examples of procedural defences?

Validity of law, validity of prosecution, admissibility of evidence.

33

Evidence must be... (4 things)

Legally obtained, relevant, the best evidence, testable.

34

What makes evidence relevant?

Must make one version of the case more or less likely.

35

What is admissibility determined by?

Voir dire.

36

What is voir dire?

A trial within the trial where the judge hears whether or not the evidence should be used or not.

37

What are the 4 purposes of evidence?

Demonstrative, illustrative, direct, circumstantial.

38

What is demonstrative evidence?

Used to show rather than tell; non-testimonial evidence.

39

What is illustrative evidence?

Used by someone to show something; e.g., maps, charts, reenactments, accident reconstructions.

40

What is direct evidence?

Used to tell the story of the case; supporting a proposition directly.

41

What is circumstantial evidence?

Used to infer a conclusion; can't stand on its own but can be used to support.

42

What are the 3 types of evidence?

Real, documentary, testimonial.

43

Who can initiate an appeal?

Either the prosecution or the defence.

44

What are the options for an appellate court when cases are presented?

Refuse to hear the appeal, hear the appeal and dismiss it, order a retrial, overturn the conviction, substitute a conviction for a lesser offence.

45

Who are federally appointed judges accountable to?

The Canadian Judicial Council

46

Who are provincially appointed judges accountable to?

Local councils.

47

What are the sanctions for judicial wrongdoing?

Reprimand, counselling, education, apology, leave of absence, removal from the bench.

48

What are some issues with judicial accountability?

Judges are appointed for life, councils are comprised of other judges, intimidation likely prevents many complainants from going forward.