LAWS2301 Carleton University Final Exam Study Guide Top Rated 2024
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Course
LAWS2301
Institution
Carleton University (CU
)
Types of Criminal Offenses - Indictable: more serious, preliminary hearing, right to jury, choice of court
Summary: less serious, no right to jury, 6 month limitation, can be indictable due to criminal history
Hybrid: judges discretion
What is a limitation period? - A period of time the author...
LAWS2301 Carleton University Final
Exam Study Guide Top Rated 2024
Types of Criminal Offenses - Indictable: more serious, preliminary hearing, right
to jury, choice of court
Summary: less serious, no right to jury, 6 month limitation, can be indictable due
to criminal history
Hybrid: judges discretion
What is a limitation period? - A period of time the authorities have to charge
someone and convict them. In a summary offence, the limitation period is 6
months.
Thirteen Stages of a Criminal Case - 1) Investigation
2) Laying of charges
3) Decision to prosecute
4) Attend court
5) Bail hearing
6) Type of offence
7) Choice of court
8) Preliminary inquiry
9) Plea Negotiations
10) Trial
11) Verdict
12) Sentence
13) Appeal
What occurs during a preliminary inquiry? - Laying of evidence, witness
statements, decision to move forward with the trial
What does the term "hung" mean in legal context? - - Jury did not come to an
agreement
- Judge decides if new trial is necessary and whether or not to change the jury
What are Habeas Corpus Rights? - Section 15 of the Charter
What is the Oaks Test? - The test to see if:
, 1) There was justification for infringing on ones rights
2) a proportionality analysis
What are the three subtests to the Oaks Test to determine proportionality? - 1)
Rationally Connected
2) Minimal Impairment
3) Proportionate Effects
Charter of Rights and Freedoms: Section 7 - Life, Liberty, Security
Charter of Rights and Freedoms: Section 8 - Secure against unreasonable search
and seizure
Charter of Rights and Freedoms: Section 9 - right against arbitrary detainment
Charter of Rights and Freedoms: Section 10 - Right to be informed of reasons for
your arrest, to attain council, have validity of detention determined, to be released
if detention isn't lawful
Charter of Rights and Freedoms: Section 11 - Rights after being charged (ie.
presumption of innocence, tried within a reasonable time, reasonable bail.
Charter of Rights and Freedoms: Section 12 - Right to be free from cruel and
unusual punishment
Charter of Rights and Freedoms: Section 13 - Witness Rights, not to have
incriminating evidence used against them
Charter of Rights and Freedoms: Section 14 - Right to assistance of an interpreter.
Crime Control Model - - Pre-Charter
- Emphasis on arrests/jail
- Increased police
- Prioritizes power
- Less emphasis on civil liberty
ex. Harper Tough on Crimes Agenda
Due Process Model - - limitations on police power
- focus on individual liberties
- more just/fair outcomes
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