Chapter 10 Definitions 1

Question 1

The use of established rules and principles to properly carry out the administration of justice.

Answer 1

Due Process

Question 2

Closed off to ensure that unauthorized people cannot enter a crime scene and that evidence inside the scene is not tampered with.

Answer 2

Secured

Question 3

The police must have reasonable and probable grounds for conducting a search, such as seeing drugs, alchohol or weapons in plain view.

Answer 3

Plain View Doctrine

Question 4

A formal court document authorizing a person to enter a building or place to search for and seize evidence

Answer 4

Search Warrant

Question 5

More serious criminal violations as distinguished from summary conviction offenses

Answer 5

Indictable Offense

Question 6

Situations that allow for a search and/or seizure without a warrant if there is a danger that the evidence will be lost, removed, or destroyed.

Answer 6

Exigent Circumstances

Question 7

A court document, called a “writ” used to determine whether an accused can be legally detained; a Charter right that protects against unlawful arrest and detention

Answer 7

Habeas Corpus

Question 8

Criminal violations that are minor in nature, are tried by justices or provincial court judges, and have consequences much less severe than indictable offenses

Answer 8

Summary Conviction Offenses

Question 9

Violations for which the prosecution has a choice to proceed by way of indictment or summary conviction offense; also called a “dual procedure offense.”

Answer 9

Hybrid Offenses

Question 10

Promise to Appear

Answer 10

A judicial release procedure allowing an accused to sign a document guaranteeing he or she will show up in court

Question 11

Recognizance

Answer 11

A judicial release procedure allowing an accused to make a written promise to appear in court or pay a sum of money for failing to do so.

Question 12

Surety

Answer 12

An individual who takes the responsibility for ensuring that an accused appears in court and who agrees to pay a sum of money should the accused fail to do so

Question 13

Undertaking

Answer 13

A judicial release procedure allowing an accused to be released from custody as long as he or she agrees to abide by specified conditions

Question 14

Jury of Peers

Answer 14

In criminal law, a group fo 12 ordinary, reasonable people who decide on the guilt or innocence of the accused based on the evidence presented

Question 15

Bail

Answer 15

(1) - The judicial release of an accused pending trial.
(2)-The sum of money deposited with the courts to ensure that an accused will appear for trial

Question 16

Reverse Onus Provision

Answer 16

A shift of responsibility in a criminal case such that the defense must prove aspects of the case rather than the Crown