Criminal Courts And Investigation and Arrests Flashcards

1
Q

The lowest level in the hierarchy of Canadian courts

A

Provincial court

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2
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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3
Q

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

A

Supreme Court of Canada

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4
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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5
Q

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

A

Voir dire

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6
Q

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

A

Charge to Jury

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7
Q

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

A

Perjury

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8
Q

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

A

Subpoena

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9
Q

Any object, impression, or body element that can be used to prove or disprove facts

A

Physical Evidence

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10
Q

Testimony given by a witness to prove an alleged fact

A

Direct Evidence

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11
Q

Evidence given by a witness based on information received from someone else rather than personal knowledge

A

Hearsay Evidence

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12
Q

Indirect evidence that leads to a reasonable inference of the defendant’s guilt

A

Circumstantial evidence

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13
Q

The general attributes of an object

A

Class characteristics

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14
Q

The specific and unique features of an object

A

Individual characteristics

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15
Q

The site where an offence took place

A

Crime scene

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16
Q

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

A

Appearance notice

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17
Q

The Crown’s obligation to prove guilt of accused beyond reasonable doubt

A

Burden of Proof

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18
Q

Witnessed, written record of people who maintained unbroken control over evidence

A

Chain of Custody

19
Q

The first stage of a criminal trial where the defendant enters a plea to the charge

A

Arraignment

20
Q

Area surrounding the centre of a crime scene

A

The Perimeter

21
Q

Application to a higher court to review decision made by a lower court

22
Q

An arrest warrant issued by a judge when accused person fails to appear in court

A

A Bench warrant

23
Q

Arrest without a warrant by anyone other than a peace officer

A

Citizen’s Arrest

24
Q

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

25
The temporary release of an accused person who posts money or some other security
Bail
26
Patterns or marks on surfaces made by various objects
Impressions
27
To contradict evidence by opposite side
Rebuttal
28
Information that would lead a reasonable person to conclude the suspect has committed a criminal offence
Reasonable grounds
29
Which 3 provinces have Provincial police?
Ontario, Quebec, Newfoundland and Labrador
30
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)
31
The 4 steps an officer must follow when making an arrest
1. Identify themselves as a police officer 2. Tell accused they are under arrest 3. Inform accused promptly of the charge, show arrest warrant if necessary 4. Touch the accused to show they are in legal custody
32
2 things the courts/police may require to guarantee the accused will show in court
A Recognizance arrest and a Promise to Appear
33
4 types of evidence that can be show in court
Physical, direct, character, circumstantial, and video surveillance
34
Name personnel in the court
Judge, Crown, defence, Jury, accused, witnesses, court clerk, court reporter, sheriff, observers
35
What is the role of the jury?
To listen to the trial, examine evidence, and decide whether accused is guilty beyond reasonable doubt
36
What is the purpose of a preliminary hearing?
To decide whether or not there is enough evidence to justify a trial
37
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
38
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
39
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
40
What is the major difference between a person being searched and a place being searched?
You need a search warrant to search a house.
41
What types of circumstances will justify a reverse onus?
A murder charge, committing an indictable offence while on bail, drug related trafficking
42
What are the 2 principles of fundamental justice in Canada’s criminal justice system
Presumption of innocence and guilt proven beyond reasonable doubt
43
A legal document issued for an indictable offence, ordering the accused to appear in court
A Summons