Bring Accused to Trial - Sentencing Objectives

Question 1

What 3 options do police have in the apprehension and charging of a suspect?

Answer 1

1. Appearance Notice
2. Arrest
3. Warrant for Arrest

Question 2

What are the 3 purposes of arrest?

Answer 2

• to lay a charge
• preserve evidence
• stop accused from doing further crimes

*Any officer can arrest without warrant if there are “reasonable grounds”

Question 3

What must the arresting officer do in an arrest?

Answer 3

1. Identify himself or herself
2. Advise that the accused is under arrest
3. Inform the accused of the charges
4. Touch accused to signify that they are legally in custody

Question 4

When can DEADLY FORCE be used by a peace officer?

Answer 4

When:

• behaviour of a suspect poses a threat of serious harm or death
• suspect flees in order to escape arrest

*No other less violent means: exist to prevent escape

Question 5

What must a citizen know when doing an arrest?

Answer 5

1. If an offence has been done

2. If a person is being chased, whether the peace officer has a legal authority to arrest

Question 6

What is Detention?

Answer 6

• When a person is stopped by someone (ex. Police or a store detective)
• detention exists when a person who is asked to go to police station consents, believing there is no other choice but to submit
• voluntarily going is not a detainment

Question 7

What should a person do if an officer persists in questioning, detains or attempts to search them?

Answer 7

1. Demand counsel
2. Get officer’s badge number
3. Collect names of witnesses

Question 8

What can a person do if there is a false arrest or illegal detention?

Answer 8

1. Take legal action

2. File a complaint with police commission

Question 9

What are your rights on being arrested?

Answer 9

You have a right to:

• immediately be informed of the reason for arrest
• retain counsel
• refuse to any questions EXCEPT those needed to complete the charge (ex. Name, address, etc)

Question 10

What must police do once counsel gets involved?

Answer 10

• stop questioning the accused
• provide a telephone
• allow as many calls if reasonable
• provide privacy to discuss matter with lawyer

Question 11

What are some laws around video surveillance, recorders and tracking devices?

Answer 11

• used with judge’s permission
• must not interfere with person’s bodily integrity or their property
• warrant must contain terms and conditions to ensure the privacy of the person is respected

Question 12

What is the Narcotic Control Act (Controlled Drugs and Substances Act)?

Answer 12

Act that criminalizes possession of a variety of illegal and controlled drugs

Question 13

What are some exceptions to search law?

Answer 13

• any place not a resident, can be searched without a warrant if there is a reasonable belief that the building/people in it contain or possess illegal drugs
• searching by belief should be done only when it’s impracticable to get a search warrant
• warrant must be obtained if searching a resident but not necessary for land
• under Provincial Liquor Laws, any automobile can be searched without a warrant if an officer believes it contains illegal liquor that will be used for bad purposes

Question 14

Under the Criminal Code, what can police do regarding weapons?

Answer 14

• can search without a warrant for illegal weapons anywhere except for dwellings
• can seize any restricted weapon if registration certificate or possession license can’t be produced
• can seize prohibited weapons at any time

Question 15

What is Entrapment?

Answer 15

Police action of encouraging or aiding someone to commit an offence

Question 16

What are the two conditions of Mistake of Fact?

Answer 16

1. There’s a genuine mistake that didn’t result from the carelessness of the accused in not finding out that facts
2. If there is no provision in the law that ignorance of fact is not a defence (ex. Using a fake bill while shopping, without knowing the cash is no good)

Question 17

What is Double Jeopardy?

Answer 17

Autrefois aquit - accused has already been cleared of the charge

Autrefois convict - accused has already been convicted of the charge

Question 18

What are 4 fundamental objectives behind punishment of offenders?

Answer 18

1. Deterrence - putting fear into offenders
2. Retribution - punishment for their offences
3. Rehabilitation - restoring offender to health to be put back into the world
4. Segregation - separating offender from society for safety

Question 19

Where are prisoners kept for their offences depending on their imprisonment time?

Answer 19

Imprisoned for:

30 days or less&raquo_space; local detention center

+30 days but less than 2 years &raquo_space; provincial prison

+2 years&raquo_space; Federal Institution

Question 20

What are two types of sentences?

Answer 20

Concurrent:
Prisoner serves penalties for each offences at the same time

Consecutive:
Prisoner serves penalties for each offence one after the other

Question 21

What is Principle of Totality?

Answer 21

• concept that a person who did several violations of the same offence shouldn’t receive an oppressively long prison time

Ex. Someone who is found guilty of 24 forged charges would receive 2 years imprisonments for all the cheques. Not 1 year for each cheque they wrote

Question 22

What is an Intermittent Sentence?

Answer 22

• serving penalty on weekends, or even at night while keeping a job
• can be imposed only if the original sentence is less than 90 days

Question 23

What is an Indeterminate Sentence?

Answer 23

• it’s when the offender is kept at an institution until they show that they can be put back into society and display normal behaviour

Ex. Criminally insane person kept at a mental institution

Question 24

Who is a Dangerous Offender?

Answer 24

• one who committed a serious personal injury offence - other than treason, or 1st or 2nd degree murder - involving use or attempted use of violence
• person is a threat to the life, safety, or physical or mental well-being of others (ex. Serial rapist)