Question 1

Which statement is NOT true of the "not criminally responsible on account of mental disorder" (NCRMD) defence?

Accepted Answer

The "not criminally responsible on account of mental disorder" (NCRMD) defence relates to the accused's mental state at the time of the offence, not at the time of trial. This defence acknowledges that the accused had a mental disorder that rendered them incapable of appreciating the nature and quality of the act or knowing that it was wrong.

Question 2

Ian has been accused of motor vehicle theft, but he asserts that the owner of the vehicle is lying and that the offence never occurred. What type of defence is Ian advancing?

Accepted Answer

Ian's defense is essentially claiming that there is a mistake in identifying him as the perpetrator, which aligns with the "you've got the wrong person" defense. This implies that he is denying involvement in the alleged crime.

Question 3

Tiffany has been charged with the attempted murder of her sister. She claims that, at the time of the offence, she was in a dissociative state and was not aware of her actions. She denies ever intending to commit the crime. What form of defence is Tiffany asserting?

Accepted Answer

Automatism refers to actions taken without conscious control or awareness, often cited in legal defenses when an individual claims they were not aware of their actions at the time of the offense. Tiffany's claim of being in a dissociative state and not aware of her actions aligns with the definition of automatism.

Question 4

Lori has been charged with murder after shooting her boyfriend. She argues he threatened her life several times on the evening of the offence, and that her actions were in self-defence. She is hoping for a reduction in charge from murder to manslaughter. What type of defence is Lori advancing?

Accepted Answer

Lori's argument that she acted in self-defense due to her boyfriend's threats aligns with the defense of provocation. This defense suggests that her actions were a direct response to being provoked by her boyfriend's threats, potentially reducing her culpability from murder to manslaughter.

Question 5

Shane has been charged with assault after engaging in a fistfight with the complainant. Shane argues that the two were voluntarily engaging in the fight and that he should not be held legally responsible. What form of defence is Shane advancing?

Accepted Answer

Shane is advancing the defence of consent, arguing that the complainant agreed to engage in the fight, which, if proven, could potentially absolve him of legal responsibility for the assault.

Question 6

Discuss the role and activities of Crown attorneys and then note the challenges that confront prosecutors in carrying out their tasks.

Accepted Answer

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Question 7

Describe the practice of judicial interim release (bail) and note the various decisions that may be made by the Justice of the Peace or the judge in the case.

Accepted Answer

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Question 8

Discuss the major issues that surround the use of security certificates in Canada.

Accepted Answer

The answer of Discuss the major issues that surround the...

Question 9

Describe the three models for the delivery of legal aid services in the provinces/territories.

Accepted Answer

The answer of Describe the three models for the delivery...

Question 10

Discuss the practice of plea-bargaining in the processing of criminal cases. Include the arguments that are offered in support of, and in opposition to, this practice and speak to the issue of plea bargaining and judges.

Accepted Answer

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Question 11

Identify four offence-specific reasons why the police and Crown may decide not to lay charges in a criminal case.

Accepted Answer

The answer of Identify four offence-specific reasons why the police...

Question 12

Identify some key reasons why victims may not want charges to be filed.

Accepted Answer

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Question 13

Describe some of the factors identified by the research about decisions to grant bail.

Accepted Answer

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Question 14

Identify the arrangements that can be made by the presiding judge to facilitate the testimony of victims as witnesses.

Accepted Answer

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Question 15

In what ways has the emergence of mega-trials challenged the criminal justice system?

Accepted Answer

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Question 16

Identify the factors that have contributed to persons being wrongfully convicted in Canada.

Accepted Answer

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Question 17

Discuss the issues surrounding the use of security certificates. What are your views on security certificates?

Accepted Answer

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Question 18

The discussion of legal aid notes that in recent years several provinces have lowered the qualifying income levels as one way of stemming the rise in legal aid costs. This has made it more difficult for many accused persons to access legal representation. What are your views of access to legal representation? How supportive are you of the concept that all persons, regardless of income level, should be provided with legal representation?

Accepted Answer

The answer of The discussion of legal aid notes that...

Question 19

Discuss the benefits, and potential drawbacks, of plea bargaining in the criminal justice process. What options would you offer for dealing with the current state of affairs? Would you support a policy or law that required the plea negotiation process to be open and transparent? Why or why not? As the victim of a crime, would you want to have the right to approve any plea bargain made between the Crown counsel and the defence lawyer?

Accepted Answer

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Question 20

Historically, the role of the Crown is not a partisan one. The ultimate goal is not to obtain a conviction, but rather to perform a public duty and achieve justice. How might achieving this goal be difficult while working in an adversarial system?

Accepted Answer

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Quiz 8: The Prosecution of Criminal Cases