Criminal Courts And Investigation and Arrests Flashcards
The lowest level in the hierarchy of Canadian courts
Provincial court
The highest criminal and civil court, consisting of a trial division and an appeal division
Superior court of province
The highest appeals court in Canada; also deals with constitutional questions referred to it by the federal government
Supreme Court of Canada
Legally depriving someone of liberty by seizing or touching the person to indicate that he or she is in custody
Arrest
A mini-trial in which jurors are excluded while the admissibility of evidence is discussed
Voir dire
The judge’s explanation to the jurors of how the law applies to the case before them
Charge to Jury
Knowingly making false statements in court while giving evidence under oath or affirmation
Perjury
A court order requiring the witness to appear in court on a certain date to give evidence
Subpoena
Any object, impression, or body element that can be used to prove or disprove facts
Physical Evidence
Testimony given by a witness to prove an alleged fact
Direct Evidence
Evidence given by a witness based on information received from someone else rather than personal knowledge
Hearsay Evidence
Indirect evidence that leads to a reasonable inference of the defendant’s guilt
Circumstantial evidence
The general attributes of an object
Class characteristics
The specific and unique features of an object
Individual characteristics
The site where an offence took place
Crime scene
A legal document, usually issued for less serious offences, compelling a person to appear in court
Appearance notice
The Crown’s obligation to prove guilt of accused beyond reasonable doubt
Burden of Proof
Witnessed, written record of people who maintained unbroken control over evidence
Chain of Custody
The first stage of a criminal trial where the defendant enters a plea to the charge
Arraignment
Area surrounding the centre of a crime scene
The Perimeter
Application to a higher court to review decision made by a lower court
Appeal
An arrest warrant issued by a judge when accused person fails to appear in court
A Bench warrant
Arrest without a warrant by anyone other than a peace officer
Citizen’s Arrest
Legally depriving a person of liberty with the purpose of asking questions, with or without physical restraint
Detention
The temporary release of an accused person who posts money or some other security
Bail
Patterns or marks on surfaces made by various objects
Impressions
To contradict evidence by opposite side
Rebuttal
Information that would lead a reasonable person to conclude the suspect has committed a criminal offence
Reasonable grounds
Which 3 provinces have Provincial police?
Ontario, Quebec, Newfoundland and Labrador
The 4 types of police officers
The Patrol Officer, the scenes of crime officer, the criminal Identification officer, the criminal investigations bureau officer( the detective)
The 4 steps an officer must follow when making an arrest
- Identify themselves as a police officer
- Tell accused they are under arrest
- Inform accused promptly of the charge, show arrest warrant if necessary
- Touch the accused to show they are in legal custody
2 things the courts/police may require to guarantee the accused will show in court
A Recognizance arrest and a Promise to Appear
4 types of evidence that can be show in court
Physical, direct, character, circumstantial, and video surveillance
Name personnel in the court
Judge, Crown, defence, Jury, accused, witnesses, court clerk, court reporter, sheriff, observers
What is the role of the jury?
To listen to the trial, examine evidence, and decide whether accused is guilty beyond reasonable doubt
What is the purpose of a preliminary hearing?
To decide whether or not there is enough evidence to justify a trial
Why is it important that a judge in a trial give a proper charge to the jury?
Otherwise it can form the basis for an appeal
What is forensic science and why is it important in a criminal trial?
Forensic science is the application of science to investigate a crime. It is important because it’s good for collecting evidence and can help determine the accused’s guilt or innocence
What is DNA testing and why is it important in a criminal trial?
DNA testing is used to test bodily samples left behind. All DNA is unique so it can help place someone at the scene of the crime and prove their guilt or innocence
What is the major difference between a person being searched and a place being searched?
You need a search warrant to search a house.
What types of circumstances will justify a reverse onus?
A murder charge, committing an indictable offence while on bail, drug related trafficking
What are the 2 principles of fundamental justice in Canada’s criminal justice system
Presumption of innocence and guilt proven beyond reasonable doubt
A legal document issued for an indictable offence, ordering the accused to appear in court
A Summons
