Bring Accused to Trial - Sentencing Objectives Flashcards
What 3 options do police have in the apprehension and charging of a suspect?
- Appearance Notice
- Arrest
- Warrant for Arrest
What are the 3 purposes of arrest?
- to lay a charge
- preserve evidence
- stop accused from doing further crimes
*Any officer can arrest without warrant if there are “reasonable grounds”
What must the arresting officer do in an arrest?
- Identify himself or herself
- Advise that the accused is under arrest
- Inform the accused of the charges
- Touch accused to signify that they are legally in custody
When can DEADLY FORCE be used by a peace officer?
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
What must a citizen know when doing an arrest?
- If an offence has been done
2. If a person is being chased, whether the peace officer has a legal authority to arrest
What is Detention?
- 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
What should a person do if an officer persists in questioning, detains or attempts to search them?
- Demand counsel
- Get officer’s badge number
- Collect names of witnesses
What can a person do if there is a false arrest or illegal detention?
- Take legal action
2. File a complaint with police commission
What are your rights on being arrested?
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)
What must police do once counsel gets involved?
- stop questioning the accused
- provide a telephone
- allow as many calls if reasonable
- provide privacy to discuss matter with lawyer
What are some laws around video surveillance, recorders and tracking devices?
- 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
What is the Narcotic Control Act (Controlled Drugs and Substances Act)?
Act that criminalizes possession of a variety of illegal and controlled drugs
What are some exceptions to search law?
- 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
Under the Criminal Code, what can police do regarding weapons?
- 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
What is Entrapment?
Police action of encouraging or aiding someone to commit an offence
What are the two conditions of Mistake of Fact?
- There’s a genuine mistake that didn’t result from the carelessness of the accused in not finding out that facts
- 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)
What is Double Jeopardy?
Autrefois aquit - accused has already been cleared of the charge
Autrefois convict - accused has already been convicted of the charge
What are 4 fundamental objectives behind punishment of offenders?
- Deterrence - putting fear into offenders
- Retribution - punishment for their offences
- Rehabilitation - restoring offender to health to be put back into the world
- Segregation - separating offender from society for safety
Where are prisoners kept for their offences depending on their imprisonment time?
Imprisoned for:
30 days or less»_space; local detention center
+30 days but less than 2 years »_space; provincial prison
+2 years»_space; Federal Institution
What are two types of sentences?
Concurrent:
Prisoner serves penalties for each offences at the same time
Consecutive:
Prisoner serves penalties for each offence one after the other
What is Principle of Totality?
• 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
What is an Intermittent Sentence?
- 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
What is an Indeterminate Sentence?
• 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
Who is a Dangerous Offender?
- 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)
