criminal law cont Flashcards
1
Q
Federal Police
A
- Investigating international smuggling
- Drug Enforcement (especially international and interprovincial smuggling and sales)
- Economic Crime, such as fraud and organized crime cases involving money laundering
- Federal Policing (in areas such as environmental law, explosives enforcement, and hazardous waste transportation).
- Immigration, including screening potential immigrants for criminal records, and investigating human smuggling and illegal immigration.
- Criminal Intelligence (gathering information on organized crime and terror groups).
- International Liaison and Protective Services (providing security to politicians and visiting diplomats).
2
Q
Provincial Police
A
- Policing smaller municipalities that do not have their own police force
- Aiding municipal police (especially responding to emergency calls)
- Traffic Control on all 400-series highways
- Investigating for the Coroner’s Office and other provincial ministries
- Maintaining the firearms registry
- Providing security to provincial politicians at Queen’s Park
3
Q
Municipal Police
A
- Preserving the peace
- Preventing crime
- Helping the victims of crime
- Arresting criminals
- Laying charges against criminals
- Executing Warrants
- Enforcing Bylaws
4
Q
Indigenous Police
A
partner with Federal gov’t to serve Native Reserves
focus on: providing law enforcement sensitive to needs of native communities
5
Q
Two men fight in a bar
A
M
6
Q
A woman is caught speeding on the 401.
A
P
7
Q
- Cocaine is smuggled into Canada from Columbia.
A
F
8
Q
- Cocaine is sold to two teenagers in Orangeville.
A
M/F
9
Q
A car is parked illegally in front of a hydrant
A
M
10
Q
A company is accused of illegally dumping nuclear waste.
A
F
11
Q
Two men are paid to help illegal immigrants enter Canada.
A
F
12
Q
A man is reported murdered in his home.
A
M/P
13
Q
A man is reported murdered by a Hell’s Angel.
A
F
14
Q
A business is accused of stealing from investors.
A
F
15
Q
Police Rights: Have the right to question suspects
A
Citizen’s Rights: Have the right to remain silent
16
Q
Police Rights: Have the right to conduct searches
A
Citizen’s Rights:Have the right to be free from unreasonable search and seizure
17
Q
Police Rights: Have the right to detain and arrest
A
Citizen’s Rights: Have the right to challenge Habeas Corpus (Crown is required to validate any detention in court)
18
Q
Police Rights: Have the right to gather evidence
A
Citizen’s Rights:Right to a lawyer
19
Q
Police Rights: Have the right to lay criminal charges
A
Citizen’s Rights: Right to be informed of the charges and to be presumed innocent
20
Q
What are the steps the police must follow
A
- call for help, assist injured
- search for perpetrators
- secure a perimeter to protect the scene for
further investigation - seize and collect evidence, prevent contamination
- keep a log, get witness testimony
21
Q
forensic evidence
A
weapons, identity of suspect, drugs and poison, imprints and impressions, tools or tool markers (angle of assault, point of entry), blood of assailant/victim, hair and fibres, dust, dirt, debris(location, time, year of vehicle) body fluids
22
Q
The police can make an arrest before or after questioning. There are three ways that procedures for dealing with suspects have been developed in Canadian law; they are:
A
- Codified in the criminal code
- Developed in case law
- Enshrined in The Charter
23
Q
Because everyone has the BLANK the police cannot force suspects to answer questions.
A
right to remain silent
24
Q
The usual four stage approach is to ask the suspect to describe:
A
- The entire incident
- The period just before the incident took place
- Details of the actual offence
- The period following the incident
25
A criminal case begins when someone is BLANK
formally charged
26
The arresting officer must do the following upon arresting someone:
1. identify themselves as police officers
2. advise the accused they are under arrest
3. inform them of the charge, or show arrest warrant
4. touch accused to show they are in legal custody
27
When police just want to ask someone some questions they may BLANK them.
detain
28
Three methods are available to the police in apprehending someone:
1. **appearance notice**
2. arrest with a bench warrant
3. arrest without a warrant
29
ARREST WITH A WARRANT or serious indictable offences the judge will issue a BLANK to people that the police believe will show up for court voluntarily.
summons
30
For people that the police believe will not show up in court, an information is sworn to obtain an BLANK directing the police to arrest the suspect.
arrest warrant
31
There are three situations where the police can arrest without a warrant:
1. reasonable grounds someone has committed/about to, indictable offence
2. find someone committing an indictable offense
3. find someone believed to be on arrest warrant
32
s. 8 of Charter protects from BLANK
unreasonable search and seizure.
33
why might someone be refused bail
they are an on going risk to society
34
in handling phystial evicende, it is important to keep the BLANK unbroke
chain of custody
35
a BLANK must be developed before it can be seen witht the naked eye
Lalent fingerprint
36
the BLANK of a crime scene is wehre the offecne actually took place
centre
37
an accuseied persion is entilted to a BLANK if the corwn does not want the judge to grant bail
showcase hearing
38
a BLANK gives police the right to exaine a article place usc as a suspect's apartment
search warrent
39
evidence that is exposed to BLANK may prove worthless in court
contanmination
40
anyone who sees another person commit a crime may conduct a
citizens arrest
41
a fingerprint is an example of the BLANK an offer may leave at the crime scene
physcal evidence
42
the outer area of a crime scene is known as BLANK
perimetre
43
a BLANK is a guarantee that the accuses will appear in court under penalty of a fine
recognizance
44
the general attributes of an object such as size or model are called BLANK
class characteristics
45
summary offences: These offences are BLANK and therefore they result in a relatively light penalty
minor
46
what is the maxium fine and prison time for summary offence
$2000 fine & 6 months
47
INDICTABLE OFFENCES:
These offences are BLANK crimes and therefore carry a heavier penalty.
serious
48
what are the prison senteces for indicatbel offecences
2 years to life
49
greater than 5 years punishment vs less than 5 years for indictable
If the maximum penalty is less than 5 years the case will be heard by a judge **without a jury**. If the maximum penalty is greater than 5 years the accused may choose to be tried **with a judge and a jury.**
50
hybrid offences: Another name for hybrid offences is dual procedure offence because the BLANK can decide to try the accused by either a summary conviction or by an indictable offence.
crown
51
examples of hybrid offences
1. Simple assault
2. Theft under $5000
3. Sexual assault
52
a) making harassing phone calls
H
53
b) unauthorized use of a computer
S
54
c) impaired driving causing death
i
55
arson
i
56
e) theft under $5000
H
57
BLANK is when the accused intentionally caused the death of another person or shows such recklessness that their actions were likely to cause death.
Culpable homicide
58
Any one of four situations qualifies for first degree murder:
1. Planned & deliberate
2. Result of a contract
3. Causes death of a peace office
4. Committed during another serious crime
59
what is the minium sentece for 1st and 2nd degree murder
life inprsionament
60
when can 1st degree murder quailtfy for parlole
after 25 years
61
when can 2nd degree murder quailtfy for parlole
after 10 years
62
what is it called when a mother kills her newborn
infanticide
63
requirments for infanticide
1. The accused must be the natural mother of the victim.
2. The victim must be less than 12 months old.
3. At the time of the killing, the accused must be suffering from a mental disturbance caused by not being able to recover from giving birth.
64
what is the maxium penalty for infanticide & established in the what
in teh crimnal code is 5 years
65
what is the actus reas and mens rea for manslaughter
The actus reas of manslaughter consists of killing someone in a wrongful act, even if it was unintentionally.
The mens rea for manslaughter is that a reasonable person could have foreseen that their actions would have resulted in a person’s harm or death.
66
Gwyneth places a bomb in a theatre washroom, killing one person
first degree murder
Gwyneth knows there are people in the theatre because she places the bomb there before closing time. Since she knows the bomb is powerful enough to kill, she intends to cause people’s death.
67
Parker dies six weeks after receiving injuries in a fight. Parker had provoked the incident, but fought back to defend himself
Manslaughter
Virgil did not mean to kill Parker, but only to hurt him. Virgil is therefore guilty of manslaughter. Virgil might also be able to use the defence of provocation since Parker was flirting with Virgil’s wife. If the defence of provocation is successful it would reduce a potential murder charge to manslaughter.
68
Mark robs a bank and accidentally kills the manager
Second-degree murder
The killing occurs during the commission of a serious offence. Since the killing was not planned and deliberate, not a contract killing, and not the killing of a peace officer, it is not first-degree murder. A murder that is not classified as first-degree murder is second-degree murder.
69
what are the levels of assault in Canda
Level 1 - pushing someone or threatening a person with violence
Level 2 - carrying, using or threatening to use a weapon
Level 3 - wounding, maiming, disfiguring or endangering life
70
Wounding
Wounding is rupturing human tissue (cutting someone in a fight).
71
Maming
Maiming is rendering someone less able to defend themselves (broken arm in a fight).
72
Disfiguring
Disfiguring is permanently altering someone’s appearance (lost finger in a fight).
73
what are the levels of sexual assault
Level 1 - least physically injured
Level 2 - weapon used
Level 3 - wounding, maiming, disfiguring or endangering life
74
To prove BLANK the Crown must prove the driver failed to exercise the same care that a safe driver would do.Dangerous operation is a hybrid offence punishable for a term up to 10 years.
dangerous operation of a motor vehicle
75
BLANK when you’re involved in an accident is commonly called hit & run. This is a hybrid offence punishable for up to a maximum of 10 years, except where it causes death and the maximum terms would be life in prison.
Failure to stop
76
Some of the acceptable proof for BLANK can come from: slurred speech, erratic driving, cannot walk in a straight line, smell of alcohol on breath. The most accurate measure of impairment comes from a breath or blood stream. The limit for alcohol is 80 milligrams per 100 milliliters of blood. Impaired and failure to provide samples are hybrid offences punishable by maximum jail terms of 10 years if bodily harm results.
impaired driving
77
The most commonly reported crime in Canada is BLANK. Colour of right means the honest belief that a person owns or has the right to use the article in question.
theft
78
Destroying and defacing property is a common form of BLANK called vandalism.
mischief
79
BLANK is defined as intentionally deceiving someone in order to cause a loss of property, money or service.
Fraud
80
trafficking (6) SATSDD
; they are to sell, administer, transport, send, deliver or distribute
81
BLANK is the transferring of cash or property hiding its illegal origin.
Money laundering
82
36. The most expensive component of the criminal justice system is ____________________..
Policing
83
The Royal Canadian Mounted Police was formed in ____________________ (year) as the ____________________.
1873, Nroth west mounted polic
84
38. The RCMP serves as provincial police in all provinces and territories except ____________________, ____________________, and ____________________.
Ontario, Quebecm Newfoundland and Larabraot
85
39. First Nations policing policy is administered by the Department of ____________________.
the soliciotor general
86
40. ____________________ is the application of biochemical and other scientific techniques to criminal investigation.
forsentc science
87
41. ____________________ is the most common body substance typically found at a crime scene.
Blood
88
42. A(n) ____________________ is the witnessed written record of all of the people who had control over items of evidence.
chain of custody
89
43. A(n) ____________________ is a legal document compelling an accused person to appear in court.
apperance notice
90
44. If an accused person fails to attend court exactly as directed, a judge may issue a ____________________.
Bench warrant
91
45. A(n) ____________________ is a statement given under oath, informing the court of the details of the offence.
information
92
____ 26. Provincial police forces have jurisdiction in rural areas and in unincorporated regions around cities.
T
93
____ 27. In Nunavut, the Yukon, and Northwest Territories, the RCMP is the only operating police force.
T
94
____ 28. Funding for municipal police forces is the responsibility of individual local governments.
T
95
____ 29. First Nations must enter into an agreement with the federal government to establish stand-alone Aboriginal police forces.
F
96
____ 30. Scenes of crime officers tend to work on more serious offences.
F
97
____ 31. Statements made by witnesses often carry greater weight in court than physical evidence.
F
98
____ 32. Police can use glove impressions to identify a suspect in almost the same way they use fingerprints.
T
99
____ 33. Only identical twins have the same fingerprint patterns.
F
100
____ 34. Blood cannot be used for purposes of positive identification without DNA testing.
T
101
____ 35. A surety must also sign a recognizance form.
T
102
Serious criminal offences are classified as ____________________.
indictable offences
103
42. Legislation called the ____________________ classifies and defines various criminal offences.
criminal code of canada
104
43. ____________________ is the province reported to have the highest violent crime rate, although violent crimes in all three territories surpassed all provinces.
Saskatchewan
105
44. The type of homicide for which the accused can be held legally responsible is called ____________________. The type of homicide for which the accused cannot be held legally responsible is called ____________________.
culpable and nonn culpable
106
45. Injuring a person in a way that has serious consequences for the victim's health or comfort describes the offence of ____________________.
Assault with a weapon or assault causing bodily harm
107
46. Anyone who ____________________ or ____________________ or ____________________ a person to commit suicide is guilty of an indictable offence.
counsels, aids, abets
108
47. Two new offences (related to firearms) added to the Criminal Code in 2008 were ____________________ and ____________________.
Break and enter to steal a fire arm, robbery to steal a firearm
109
48. Under the Criminal Code, it is an offence to drive or to have care or ____________________ of a motor vehicle while impaired.
control
110
49. ____________________ is the most commonly reported criminal offence in Canada.
theft
111
50. The Controlled Drugs and Substances Act replaced the ____________________ and those parts of the ____________________ that dealt with controlled and restricted drugs.
narcoctics control act, food and drug act
112
____ 26. A summary conviction offence is a less serious crime that carries a relatively light penalty.
T
113
____ 27. Judge alone or judge and jury try a summary conviction offence.
F
114
____ 28. No criminal record results from a conviction on a summary offence.
F
115
____ 29. The appearance of the accused is always required at trial for an indictable offence.
T
116
____ 30. For some indictable offences, the accused has a choice regarding where their case is tried and whether a judge alone or judge and jury adjudicates it.
T
117
____ 31. Where the accused is charged with a hybrid offence, the Judge decides whether to proceed by way of a summary conviction or indictment.
F
118
____ 32. Generally speaking, homicides are committed by someone the victim knows.
T
119
____ 33. Crime rates in Canada have decreased since 1992.
T
120
____ 34. In jurisdictions that sanction capital punishment, executions are considered a form of non-culpable homicide.
T
121
____ 35. Cases of infanticide are common in Canada.
F
122
____ 36. If you accidentally kill a pedestrian while driving your car in a dangerous fashion, you can escape criminal charges because of a lack of intent.
F
123
____ 37. To be found guilty of manslaughter, the accused must have been able to foresee that the wrongful act could result in death.
F
124
____ 38. An accused can be charged with criminal negligence causing death or manslaughter, but not both for the same offence.
T
125
____ 39. All three levels of sexual assault are hybrid offences.
F
126
____ 40. Attempted suicide is a crime in Canada.
F
