207 Final Review Flashcards
Emails, scrap pieces of paper and notebooks that are relevant to a case included as evidence or included in a court brief in a case?
True
A witness needs a cansay?
True
When making a cansay for a witness how accurate must it be?
Very accurate – verbatim if possible
How many copies of a court brief do you need? Who are these copies for?
You will need 3 copies of the court brief
1. The original
2. One for the crown, and
3. One for the defense
What is “hearsay” evidence?
Evidence that is based on the information told to you from another person
What kind of liability do Conservation Officers enforce?
Strict Liability
What kind of offence can you use when strict liability is at play?
Due Diligence
In what circumstances can you claim an “official induced error?”
Where an accused has reasonably relied upon erroneous legal opinion or advice of an official who is responsible for the administration or enforcement of the particular law
What does a chain of custody mean and why is it important?
A chain of custody is used to maintain the integrity of evidence by accounting for the possession of evidence or where evidence is located.
What is the sequence of events at a trail?
- Pleading not guilty and a trail is set
- Disclosure (complete)
- Examination in chief
- Defense cross examines
- Crown Re-examines
- Defense re-examines
- Closing arguments
- Judges decision
- Guilty not guilty
- Sentencing
When should officers start preparing a court brief?
As soon as a ticket is laid
What is a lay prosecutor?
An officer who has some teaching in prosecution; they act in place of a prosecutor.
How are lay prosecutors utilized?
When the accused is representing themselves; typically for minor offences
How is an expert witness established in a court room?
- Verify their credentials
- Verify their jurisdiction
- Do they have court room experience?
In short- name, education, credentials
If the accused fails to appear in court what can happen?
Default conviction
What is a “exparte trail?”
If the accused has shown a history of failing to appear and bench warrants have been issued in the past, the trial may be peremptory. The Crown may request to the court to proceed in this manner. If granted, the Crown presents it’s case exactly as it would if the accused was present. Of course, without the accused present in the courtroom, the accused’s case will not be presented
What is a default conviction?
The Crown may request a default conviction for the accused (if the charge includes a voluntary payment) for either a summons or offence notice. Of course, the ticket and subsequent service must be correct on it’s face
What is “res gestae”?
Acts or words made without thought (spontaneously) immediately before,
during or immediately after an incident that are so closely related to the incident that they explain, add to, or form part of the incident
What does a “res gestae” require before it is admitted into court?
A voire dire
What is a “voire dire?”
A trial within trial used mainly to allow the court to asses whether statements made during the investigation are admissible
What is circumstantial evidence?
Evidence that does not prove the particular fact, but does establish other facts from which the court can draw an inference that the fact is true.
You can have a conviction on just circumstantial evidence
True (Hodge’s rule)
What is Hodge’s Rule?
The evidence must establish a complete or unbroken chain of facts which would irresistibly lead the ordinary individual to believe it, beyond a reasonable doubt
What is the main case dealing with disclosure?
R vs Stinchcombe
What does R vs Stinchcombe focus on?
Defense must have full disclosure in a case or else it could be thrown out.
What are two things you’ll have to do on the stand as an officer?
Identify the accused and verify your jurisdiction
You send your court brief to the prosecutor. What are the two guidelines he issues before taking the case to trial?
- Public interest and responsibility;
- Possibility and chance of conviction
What are true certified copies?
Copies of the original documents- must be stamped and approved true certified copies
Every offence has elements that have to be proven in court. What are these elements referred to as?
Elements of an Offence or Facts and Issue
When do you use true certified copies?
When the original is not available
What are at least 8 components of a court brief?
- Persons of importance
- Defence council information
- Prosecutor
- Offences
- Officer notes
- Evidence
- Legislation
- Chain of custody
Why is it important to know your legislation in regards to forensic reports and analysis’?
In some cases you will not need paperwork depending the act or regs depending what lab you are sending evidence to. If stated in the acts or regs you do not need to bring in an expert witness
Who identifies photos in a trail?
Who ever took the photos; who stated them on the exhibit paper, or who entered the photos
What is a pre charge court brief?
A court brief done up before you lay charges on an individual to make sure there is enough evidence to prove beyond a reasonable doubt in court
