crime exam

Question 1

Is crime going up or down 2023

Answer 1

slightly up

Question 2

What is UCR

Answer 2

Uniform crime reports

• was designed to measure the incidence of crime in canadian society and its characteristics
• UCR data reflects reported crime that has been substantiated by police

Question 3

how does self reported crime work and different for UCR

Answer 3

self-reported criminal victimization through the General Social Survey (GSS) on Canadians’ Safety (Victimization), which is conducted every five years. Unlike the UCR, the GSS on Victimization collects self-reported data which includes incidents that may not have been brought to the attention of the police.

Question 4

Statistics are usually different from public perception TRUE OR FALSE

Answer 4

True

Question 5

Which Charter section states that the accused person at his or her own trial need not testify in court if asked to by the crown:

Answer 5

11 c

Question 6

The Charter section relating to right to a lawyer is found in:

Answer 6

10 b

Question 7

presumption of innocence until proven guilty is found in the charter under _____

Answer 7

11 d

Question 8

The concern that the imposition of sanctions on a person who is suspected of committing an offence and has not had the opportunity to defend himself in a court of law violates a guaranteed right under section ____ of the Charter

Answer 8

11(d)

Question 9

The right to obtain legal counsel is guaranteed under which of the Charter sections?

Answer 9

10 b

Question 10

cruel and unusual punishment charter section?

Answer 10

12

Question 11

Despite media suggestions to the contrary, teenagers commit fewer crimes than adults, and teenage offenders are less likely than adults to use serious violence in committing their crimes. TRUE OR FALSE?

Answer 11

True

Question 12

What are two thing you need to convict someone of first degree murder

Answer 12

Actus reus and Mens rea

Question 13

What is something you do not need to get NCR

Answer 13

guilty mind (mens rea)

Question 14

Moral Panic can define many social problems TRUE OR FALSE

Answer 14

TRUE

Question 15

Groups or persons must emerge as a threat to society focusing on “evildoers” deserving of punishment (WHAT IS THIS CALLED?)

Answer 15

Moral Panic

Question 16

Is Cyberbullying a criminal code offence?

Answer 16

NO

Question 17

Which of the following Criminal Code offences can apply to Cyberbullying?

1) , Criminal harassment

2) , Uttering threats

3) , Counselling suicide

4) , All of the Above

Answer 17

4

Question 18

What section of the criminal code deals with distribution of an image without consent and what is it protecting

Answer 18

162.1 and Expectation of privacy

Question 19

how many years can you get sentenced o if you distribute an image without consent

Answer 19

5 year term

Question 20

When are harsher penalties valid (other words, when does strict deterrence make a difference) ?

Answer 20

drunk driving

Question 21

What is Strict deterrence related to? and why?

Answer 21

Rational Choice theory: because they assume people are rational

Question 22

When looking at the deterrence model specifically in the youth criminal justice system which of the following statements is false?

1) , General deterrence is not an effective tool in reducing youth crime as young persons, in general, are not aware of the laws.

2) , Specific deterrence for youth who are given longer and harsher sentences in the form of custody generally are less likely to re-offend

3) , Some youth who are aware of the costs of being caught have the attitude that they are not going to get caught and are therefore not affected by the concept of deterrence

4) , All of the above

Answer 22

2

Question 23

Characteristics of strict deterrence model

Answer 23

Specific deterrence targets those individuals who have already been caught from re-offending.

Believers of the deterrence model argue that the goal of the criminal justice system should be to prevent future crimes.

Question 24

Rational choice theory

Answer 24

rational choice
theory posits that decisions are made and actions are
taken by individuals in the rational exercise of free will.

Specifically, it is suggested that prior to a criminal act
being committed, individuals will take into account the probable legal penalties, the potential gains produced by
the crime and the likelihood that they will be caught.

Question 25

Specific and general deterence in rational choice theory

Answer 25

First, there is “specific deterrence,” where it is suggested that individuals who commit crimes and are apprehended and appropriately punished will be less likely to commit future crimes. Second, it is proposed that the punishment of those who commit crimes will serve as an example to potential offenders, proactively deterring them from engaging in criminal activities in the first place.This is known as “general deterrence

Question 26

What is 2 other names for retributive system of justice

Answer 26

Conventional System & adversial system

Question 27

Why do victims like restoritive justice

Answer 27

more closure and lower recidivisim rates

Question 28

components of the retributive system of justuce

Answer 28

- victims are seperate from offender - church and state - crown rep the state not the victim - crown has onus of proof (beyond a reasonable doubt - crown may not have evidence because police mess up - victim does not consent - not taking responsibility by pleading to a lesser charged - Doesn't get truth but does get justice

Question 29

Restorative System of Justice

Answer 29

- No lawyers - repair harm - brings victim and offender together -offender must accept responsibility - u get truth - Indigenous bases - to come to the truth - lesser rates of recidivism - mediation 3 people - group conference 8 people in a circle: reason community

Question 30

In the restorative process the offender must plead guilty

Answer 30

No

Question 31

In a restorative process (1) ____ is/ are the victim(s) not the (2) _______

Answer 31

1 the people 2 the state

Question 32

The Police Use of Force Model has ________ defined levels of force

Answer 32

4

Question 33

Which of the following is true relating to police officers? 1) Officers can operate on mere suspicion 2) Officers can operate on reasonable and probable cause 3) Officers can operate on certainty 4) All of the Above

Answer 33

4

Question 34

Which of the following as it relates to search warrants is false? 1) Place must be clearly stated so anyone could locate the place 2) Article must be clearly stated so that anyone could identify it and distinguish it from other similar items 3) Grounds must be based on a credibly based probability 4) Offence under investigation need not be clearly stated 5) None of the Above

Answer 34

4

Question 35

A person’s right with respect to search and seizure is protected under the Charter section?

Answer 35

section 8

Question 36

Extrajudicial measures

Answer 36

Out of Court, diversion program away from court are a form of diversion designed to deal informally with youth involved in criminal activity, as an alternative to prosecution through traditional criminal procedure

Question 37

Role of Defence Counsel

Answer 37

Provide a defense Legal defense (self defence), accuse defense (for NCR) Fact Defense

Question 38

Role of Crown

Answer 38

Rep state 11 d crown has onus of evidence make sure police does not have a charter violation disclosure (everything they are planning to use in the case 11 b happens if they're not timely)

Question 39

The Crown always has the onus of proof when determining a bail release 1) True 2) False

Answer 39

False

Question 40

There are no Charter sections that deal with the concept of bail Incorrect Response 1) True 2) False

Answer 40

False

Question 41

When can a person receive bail

Answer 41

after the person is charged 48 hours

Question 42

Whats another name for bail

Answer 42

judicial interim release

Question 43

What does a court consider before giving bail

Answer 43

if they are a flight risk (you might attempt to flee the country or evade the legal process) if they are at risk to reoffend if the public will lose confidence in the justice system because of it - showing up to court (surety) employment, prior record,

Question 44

what section of the charter relates to bail

Answer 44

11 e

Question 45

The individual who has the responsibility of ensuring that the bail conditions will be adhered to by the accused is called the ______

Answer 45

surety

Question 46

when can a young person be charged with an offence

Answer 46

12th to 18th birthday at the time of the offence

Question 47

What is the percentage approximately to serious vs less serious youth offender

Answer 47

85-90 is less serious

Question 48

In order for an accused to be given EJS (EXTRA JUDICIAL SANCTION) they must first plead guilty? TRUE OR FALSE

Answer 48

false

Question 49

_________ ________ are designed to address criminal behaviour more serious than the type that warrants a warning, caution, or referral

Answer 49

Extrajudicial sanctions

Question 50

What are the 2 types o EJM

Question 51

Section 4 - 10 of the YCJA is about EJM

Question 52

What sentence does probation usually comes with

Answer 52

suspended sentence

Question 53

It is possible for a person adult and youth to be found/plead guilty and not have a conviction ?

Answer 53

Yes! for absolute discharges there is a finding of guilt but no conviction if a person completes the conditions for a conditional sentence the discharge becomes absolute No criminal record for adult absolute or conditional discharge

Question 54

n the youth system criminal records are automatically “destroyed”automatically “destroyed” afterafter the required time period. WHAT IS THE PERIOD OF TIME?

Answer 54

summary convictions (3 years after sentence is complete) indictable 5 years for absolute discharge 1 year after conviction for judicial reprimand s2 months after reprimand

Question 55

Tell me the mental health category within the criminal justice system ?

Answer 55

1. mental health diversion 2. mental health court ----Not diversion, charged and convicted but everyone is specialized in mental health a specialized court 3. fitness to stand trial ----Happens at first court appearance, they have to understand nature and consequences of the court, can u instruct the lawyer, they delay it for 60 days go to a mental health clinic, and they check again over again ----Charter issues, a right to a timely trial 11 b (accused themselves are not fit and are delaying 11 d Section 7 right to life liberty 4. NCR ----Is fit to stand trial, ncr process reverse onus balance of probabilities mens rea? ----onus of proof for criminal responsibility is on the party that raises the issue in court (s.16(3) and requires proof on the balance of probabilities (s.16(2 ----A/D (absolute discharge C/D conditional discharge and Secure treatment order S/T?

Question 56

is the NCR process reverse onus balance of probabilities mens rea?

Answer 56

onus of proof for criminal responsibility is on the party that raises the issue in court (s.16(3) and requires proof on the balance of probabilities (s.162