The CRIMINAL JUSTICE PROCESS

The CRIMINAL

JUSTICE PROCESS

Indictable offence: serious criminal offences under Canada’s Criminal Code

What are some examples?

EXAMPLES: murder acts of terrorism robbery (over a certain amount)drug trafficking certain types of sexual assault violence

Indictable offences

What about these crimes?

Summary offence: minor criminal offence under Canada’s Criminal Code

What are some examples?

EXAMPLES: causing a disturbanceharassment (telephone calls- work)Driving a motor vehicle without the owner’s permission

trespassing communicating to obtain the services of a prostitute

Summary offences

INDICTABLE OFFENCES

• Must have warrant • can arrest without

warrant based on “reasonable and probable grounds”• No limit on when

accused may be charged

• Fingerprints required by law• Can apply for pardon

after 5 years

SUMMARY OFFENCES

• Can be arrested without a warrant

• Must be charged within 6 months of alleged crime

• Fingerprints not required• Can apply for pardon

after 3 years

INDICTABLE OFFENCES

• Option to be tried before judge alone or before judge + jury

•Maximum punishment: serious fines, life imprisonment

SUMMARY OFFENCES

•Tried before judge alone

•Maximum punishment: $2000 fine, 6 months imprisonment or both

The Courts/Trial

Murder of Reena Virk CaseNov 14, 1997Victoria, B.C.

http://www.youtube.com/watch?v=oX0pjKkZaOQ

What: On 14 November 1997, 14 year old Reena Virk was swarmed and beaten by a group of 8 teenagers in Victoria, B.C., at the south end of the Craigflower Bridge. After the beating, bloodied and bruised, Virk made her way across the bridge to head home. Two of the original attackers, Warren Glowatski and Kelly Ellard, followed Virk to the other end of the bridge to assault her again. Ellard allegedly held Virk’s head under water for several minutes until she drowned.

The Facts: VICTIMReena Virk’s body was found 8 days after she was beatenShe was 14 years old

The FactsKelly Ellard (15 years old at time of crime)Accused of murdering Reena Virk

The FactsWarren Glowatski (16 years old at time of crime)Accused of murdering Reena Virk

The Facts6 girls (14-16 years old at time of crime)Accused of assault causing bodily harm

The Trial

Adversarial System

Warren Glowatski:

DEFENDANT

JUDGE

The CROWN(prosecution)

Two opponents:CROWN vs. DEFENDANT (roles?)PROSECUTION vs. DEFENCEEach side will argue his/her caseBased on evidence, the “truth” will emerge

Adversarial System

The Courts/Trial

INDICTABLE OFFENCES SUMMARY OFFENCES

• Must have warrant for arrest based on “reasonable and probable grounds”

• Can be arrested without a warrant

• No limit on when accused may be charged

• Must be charged within 6 months of alleged crime

• Fingerprints required by law

• Fingerprints not required

• Can apply for pardon after 5 years

• Can apply for pardon after 3 years

INDICTABLE OFFENCES SUMMARY OFFENCES

• Option to be tried before judge alone or before judge + jury

• Tried before judge alone

• Maximum punishment: serious fines, life imprisonment

• Maximum punishment: $2000 fine, 6 months imprisonment or both

http://www.courts.ns.ca/jwise/index.html#beginMovie

CIVIL LAW

CIVIL LAW:What is meant by the cartoons? What is the tone of the cartoons?What does it say about Civil Law?

Can you think of Civil law judges?