Lesson: 33
Topic: Pre-trial and Trial Procedures
Objectives:
During this lesson students will explore modern adjudication procedures in Canada. In particular, students will come to appreciate how modern judicial practices developed in large part as a response to past abuses of the state. Thus, students will come to appreciate the need for the modern trial process to place particular burdens on the Crown, such as:
| Criminal Process: the process by which society enforces its criminal laws. |
The class will analyze the following aspects of our present-day Canadian criminal process:
| Habeas Corpus: (Latin, meaning "you have the body") a court order requesting that a specific person being detained be promptly produced, by the detaining authority, before a judge for a hearing to decide whether the detention is lawful. |
Method of Instruction and Evaluation:
In groups, students will examine the case of R. v. Hebert, pages 324 - 325. The groups will then answer the following questions:
| A | 1, 2, 3 and 4 |
| B | 1, 2, 3 and 4 |
| C | 1, 2, 3 and 4 |
Once the groups have answered these questions, they will share their conclusions with the class.
Expectations Addressed:
The "Criminal Law and Procedures" strand of the CLN4U Ministry of Education Curriculum Guidelines outlines all of the following specific expectations. By the end of this class, the student will be able to address those specific expectations that have been highlighted below.
Theories of Crime:
analyse the main theories that philosophers, psychologists, sociologists, and criminologists use to explain deviant behaviour;
explain the relationship between criminal law and morality and what is meant by “criminal conduct”;
explain the legal definition of a crime and the concepts of mens rea, actus reus, and strict and absolute liability;
explain the purpose of criminal law;
compare summary, hybrid, and indictable offences as they relate to criminal law.
The Criminal Trial Process:
explain the processes of police investigation, arrest, search, and interrogation of suspects;
explain pre-trial procedures, including plea bargaining and release procedures;
identify key features of the criminal trial process (e.g., burden of proof, admissibility of evidence, roles of the judge and courtroom personnel, selection and role of the jury);
outline legally acceptable defences to criminal conduct, and evaluate some of the more controversial defences (e.g., “battered spouse syndrome” defence; defence of diminished responsibility as a result of drunkenness);
evaluate the different types and purposes of sentences imposed in criminal law.
Concepts of Justice:
explain the concepts and principles of justice as they apply to criminal law (e.g., rule of law, presumption of innocence);
analyse situations in Canadian law in which principles of justice conflict (e.g., victims’ rights versus the rights of the accused);
analyse cases in which the principles of justice have been violated (e.g., the cases of Donald Marshall, David Milgaard, Guy Paul Morin, Roméo Phillion).
Resources:
Relevant web sites: