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Law > Chapter 7-8 > Flashcards

Chapter 7-8 Flashcards

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1
Q

the site where the crime took place

A

crime scene

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2
Q

the areas surrounding the centre, where the offender may have been present or may have left evidence

A

perimeter

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3
Q

any object, impression, or body element that can be used to prove or disprove facts relating to an offence

A

physical evidence

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4
Q

patterns or marks found on surfaces and caused by various objects

A

impressions

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5
Q

the general attributes of an object

A

class characteristics

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6
Q

the specific and unique features in an object

A

individual characters

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7
Q

the witnessed, written record of the people who maintained unbroken control over an item of evidence

A

chain of custody

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8
Q

legally depriving someone of liberty by seizing or touching the person to indicate that he or she is in custody

A

arrest

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9
Q

information the would lead a reasonable person to conclude that the suspect had committed a criminal offence

A

reasonable grounds

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10
Q

a legal document, usually issued for less serious offences, compelling an accused person to appear in court

A

appearance notice

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11
Q

an arrest warrant issued directly by the judge when an accused person fails to appear in court

A

bench warrant

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12
Q

a legal document issued for an indictable offence ordering an accused person to appear in court

A

summons

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13
Q

an arrest without a warrant by an person other than a peace officer

A

citizens arrest

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14
Q

the temporary release of an accused who posts money or some other security

A

bail

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15
Q

the lowest level in the hierarchy of Canadian courts

A

provincial court

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16
Q

the highest criminal and civil court, consisting of a trial division and an appeal division

A

superior court of province

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17
Q

the highest appeals court in Canada; deals with constitutional questions referred to it by the federal gov

A

superior court of Canada

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18
Q

a mini trial in which jurors are excluded while the admissibility of evidence is discussed

A

voir dire

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19
Q

the judge’s explanation to the jurors of how the law applies to the case before

A

charge ro jury

20
Q

knowingly making false statements in court while giving evidence under oath or affirmation

A

perjury

21
Q

a court order requiring the witness to appear in court on a certain date to give evidence

A

subpoena

22
Q

testimony given by a witness to prove an alleged fact

A

direct evidence

23
Q

evidence given by a witness based on information received from someone else other than personal knowledge

A

hearsay evidence

24
Q

indirect evidence that leads to a reasonable interference of the defendant’s guilt

A

circumstantial evidence

25
Q

the crown’s obligation to prove the guilt of an accused beyond a reasonable doubt

A

burden of proof

26
Q

the first stage of a criminal trial in which the defendant enters a plea to the charge

A

arraignment

27
Q

an application to a higher court to review the decision made by lower court

A

appeal

28
Q

legally depriving a person of liberty for the purpose of asking questions, with or without physical restraint

A

detention

29
Q

to contradict evidence introduced by the opposing side

A

rebuttal

30
Q

a challenge for cause is the right of the Crown Defence to exclude someone from a jury for a particular reason (t/f)

A

True

31
Q

at a federal level, the work of the RCMP focuses on areas such as a customs and excise, immigration and municipal reason (t/f)

A

True

32
Q

a latent fingerprint can always be seen by the naked eye (t/f)

A

false

33
Q

which 3 provinces have provincial police?

A

Ontario, Quebec,Newfoundland and Labrador

34
Q

Name the 4 types of police officers who investigate a crime scene

A

patrol , scene of crime, criminal identification , and criminal investigation bureau officer

35
Q

4 steps a police officer must take when arresting someone

A

identify him/herself as a police officer, advise the accused that he or she is under arrest, inform the accused promptly of the charge and show the arrest warrant of one has been obtained, touch the accused to indicate that he/she is in legal custody, once in custody, the police must inform the person of the right to counsel

36
Q

2 things the courts/police may require to guarantee an accused will show in court?

A

promise to appear, recognize (guarantee accused will appear under $5000 penalty, surety (payment if accused does not appear)

37
Q

4 types of evidence can be given in court?

A

physical evidence, direct evidence, heresy evidence, circumstantial evidence, electronic surveillance

38
Q

name the personnel in courtroom

A

a court reporter, court clerk, defence attorney, crown attorney, accused/defendant, witness, court security officer, bailiff, sheriff

39
Q

what is the role of a jury?

A

in criminal law its people who decide whether or not the accused is guilty or not guilty; in civil law they decide for plaintiff or the defendant

40
Q

what is the purpose of a preliminary hearing?

A

the purpose of the preliminary hearing is to determine whether there is sufficient evidence to put the accused person on trial

41
Q

why is it important that a judge in a trail give a proper charge to a jury?

A

because if anything done incorrectly might be a basis for an appeal of the verdict. And a deficient charge is the most common basis for an appeal.

42
Q

what is forensic science and why is it important in criminal law?

A

Forensic science is the application of biochemical and other scientific techniques to a criminal investigation. It is important in criminal law because it can find physical evidence that is valuable to the case because it can carry greater weight in court than evidence obtained through witness statements.

43
Q

what is DNA testing and why is it important in a criminal trial?

A

DNA testing is taking small extract of a persons DNA and analyzing/comparing it. A DNA profile can be used to identify a person as DNA is unique to every individual. `

44
Q

What is the major differences between searching a person and searching a place?

A

the police do not have to obtain a warrant to search a person they’ve arrested but when searching a place most cases require a search warrant before searching

45
Q

what circumstances will justify reverse onus?

A

the charge is murder, the accused is charged with committing an indictable offence while already out on bail, the offence is indictable and the accused is not a Canadian resident, the charge involves failure to appear or breach of a bail condition, the accused is charged Sith importing, trafficking, or possession for the purpose of trafficking narcotics (to conspiracy to commit any of these)

46
Q

What are 2 principals of fundamental justice in Canada’s criminal justice system?

A

an accused person is innocent until proven guilty, and guilty must be proven beyond a reasonable doubt.

Law (7 decks)

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