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lawedddcbc do > criminal law cont > Flashcards

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).
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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
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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
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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

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5
Q

Two men fight in a bar

A

M

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6
Q

A woman is caught speeding on the 401.

A

P

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7
Q
  1. Cocaine is smuggled into Canada from Columbia.
A

F

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8
Q
  1. Cocaine is sold to two teenagers in Orangeville.
A

M/F

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9
Q

A car is parked illegally in front of a hydrant

A

M

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10
Q

A company is accused of illegally dumping nuclear waste.

A

F

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11
Q

Two men are paid to help illegal immigrants enter Canada.

A

F

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12
Q

A man is reported murdered in his home.

A

M/P

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13
Q

A man is reported murdered by a Hell’s Angel.

A

F

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14
Q

A business is accused of stealing from investors.

A

F

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15
Q

Police Rights: Have the right to question suspects

A

Citizen’s Rights: Have the right to remain silent

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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

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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)

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18
Q

Police Rights: Have the right to gather evidence

A

Citizen’s Rights:Right to a lawyer

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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

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20
Q

What are the steps the police must follow

A
  1. call for help, assist injured
  2. search for perpetrators
  3. secure a perimeter to protect the scene for
    further investigation
  4. seize and collect evidence, prevent contamination
  5. keep a log, get witness testimony
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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

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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
  1. Codified in the criminal code
  2. Developed in case law
  3. Enshrined in The Charter
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23
Q

Because everyone has the BLANK the police cannot force suspects to answer questions.

A

right to remain silent

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24
Q

The usual four stage approach is to ask the suspect to describe:

A
  1. The entire incident
  2. The period just before the incident took place
  3. Details of the actual offence
  4. The period following the incident
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25
Q

A criminal case begins when someone is BLANK

A

formally charged

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26
Q

The arresting officer must do the following upon arresting someone:

A
  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
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27
Q

When police just want to ask someone some questions they may BLANK them.

A

detain

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28
Q

Three methods are available to the police in apprehending someone:

A
  1. appearance notice
  2. arrest with a bench warrant
  3. arrest without a warrant
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29
Q

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.

A

summons

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30
Q

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.

A

arrest warrant

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31
Q

There are three situations where the police can arrest without a warrant:

A
  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
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32
Q

s. 8 of Charter protects from BLANK

A

unreasonable search and seizure.

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33
Q

why might someone be refused bail

A

they are an on going risk to society

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34
Q

in handling phystial evicende, it is important to keep the BLANK unbroke

A

chain of custody

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35
Q

a BLANK must be developed before it can be seen witht the naked eye

A

Lalent fingerprint

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36
Q

the BLANK of a crime scene is wehre the offecne actually took place

A

centre

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37
Q

an accuseied persion is entilted to a BLANK if the corwn does not want the judge to grant bail

A

showcase hearing

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38
Q

a BLANK gives police the right to exaine a article place usc as a suspect’s apartment

A

search warrent

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39
Q

evidence that is exposed to BLANK may prove worthless in court

A

contanmination

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40
Q

anyone who sees another person commit a crime may conduct a

A

citizens arrest

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41
Q

a fingerprint is an example of the BLANK an offer may leave at the crime scene

A

physcal evidence

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42
Q

the outer area of a crime scene is known as BLANK

A

perimetre

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43
Q

a BLANK is a guarantee that the accuses will appear in court under penalty of a fine

A

recognizance

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44
Q

the general attributes of an object such as size or model are called BLANK

A

class characteristics

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45
Q

summary offences: These offences are BLANK and therefore they result in a relatively light penalty

A

minor

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46
Q

what is the maxium fine and prison time for summary offence

A

$2000 fine & 6 months

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47
Q

INDICTABLE OFFENCES:
These offences are BLANK crimes and therefore carry a heavier penalty.

A

serious

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48
Q

what are the prison senteces for indicatbel offecences

A

2 years to life

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49
Q

greater than 5 years punishment vs less than 5 years for indictable

A

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.

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50
Q

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.

A

crown

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51
Q

examples of hybrid offences

A
  1. Simple assault
  2. Theft under $5000
  3. Sexual assault
52
Q

a) making harassing phone calls

A

H

53
Q

b) unauthorized use of a computer

A

S

54
Q

c) impaired driving causing death

A

i

55
Q

arson

A

i

56
Q

e) theft under $5000

A

H

57
Q

BLANK is when the accused intentionally caused the death of another person or shows such recklessness that their actions were likely to cause death.

A

Culpable homicide

58
Q

Any one of four situations qualifies for first degree murder:

A
  1. Planned & deliberate
  2. Result of a contract
  3. Causes death of a peace office
  4. Committed during another serious crime
59
Q

what is the minium sentece for 1st and 2nd degree murder

A

life inprsionament

60
Q

when can 1st degree murder quailtfy for parlole

A

after 25 years

61
Q

when can 2nd degree murder quailtfy for parlole

A

after 10 years

62
Q

what is it called when a mother kills her newborn

A

infanticide

63
Q

requirments for infanticide

A
  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
Q

what is the maxium penalty for infanticide & established in the what

A

in teh crimnal code is 5 years

65
Q

what is the actus reas and mens rea for manslaughter

A

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
Q

Gwyneth places a bomb in a theatre washroom, killing one person

A

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
Q

Parker dies six weeks after receiving injuries in a fight. Parker had provoked the incident, but fought back to defend himself

A

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
Q

Mark robs a bank and accidentally kills the manager

A

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
Q

what are the levels of assault in Canda

A

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
Q

Wounding

A

Wounding is rupturing human tissue (cutting someone in a fight).

71
Q

Maming

A

Maiming is rendering someone less able to defend themselves (broken arm in a fight).

72
Q

Disfiguring

A

Disfiguring is permanently altering someone’s appearance (lost finger in a fight).

73
Q

what are the levels of sexual assault

A

Level 1 - least physically injured
Level 2 - weapon used
Level 3 - wounding, maiming, disfiguring or endangering life

74
Q

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.

A

dangerous operation of a motor vehicle

75
Q

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.

A

Failure to stop

76
Q

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.

A

impaired driving

77
Q

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.

A

theft

78
Q

Destroying and defacing property is a common form of BLANK called vandalism.

A

mischief

79
Q

BLANK is defined as intentionally deceiving someone in order to cause a loss of property, money or service.

A

Fraud

80
Q

trafficking (6) SATSDD

A

; they are to sell, administer, transport, send, deliver or distribute

81
Q

BLANK is the transferring of cash or property hiding its illegal origin.

A

Money laundering

82
Q
  1. The most expensive component of the criminal justice system is ____________________..
A

Policing

83
Q

The Royal Canadian Mounted Police was formed in ____________________ (year) as the ____________________.

A

1873, Nroth west mounted polic

84
Q
  1. The RCMP serves as provincial police in all provinces and territories except ____________________, ____________________, and ____________________.
A

Ontario, Quebecm Newfoundland and Larabraot

85
Q
  1. First Nations policing policy is administered by the Department of ____________________.
A

the soliciotor general

86
Q
  1. ____________________ is the application of biochemical and other scientific techniques to criminal investigation.
A

forsentc science

87
Q
  1. ____________________ is the most common body substance typically found at a crime scene.
A

Blood

88
Q
  1. A(n) ____________________ is the witnessed written record of all of the people who had control over items of evidence.
A

chain of custody

89
Q
  1. A(n) ____________________ is a legal document compelling an accused person to appear in court.
A

apperance notice

90
Q
  1. If an accused person fails to attend court exactly as directed, a judge may issue a ____________________.
A

Bench warrant

91
Q
  1. A(n) ____________________ is a statement given under oath, informing the court of the details of the offence.
A

information

92
Q

____ 26. Provincial police forces have jurisdiction in rural areas and in unincorporated regions around cities.

A

T

93
Q

____ 27. In Nunavut, the Yukon, and Northwest Territories, the RCMP is the only operating police force.

A

T

94
Q

____ 28. Funding for municipal police forces is the responsibility of individual local governments.

A

T

95
Q

____ 29. First Nations must enter into an agreement with the federal government to establish stand-alone Aboriginal police forces.

A

F

96
Q

____ 30. Scenes of crime officers tend to work on more serious offences.

A

F

97
Q

____ 31. Statements made by witnesses often carry greater weight in court than physical evidence.

A

F

98
Q

____ 32. Police can use glove impressions to identify a suspect in almost the same way they use fingerprints.

A

T

99
Q

____ 33. Only identical twins have the same fingerprint patterns.

A

F

100
Q

____ 34. Blood cannot be used for purposes of positive identification without DNA testing.

A

T

101
Q

____ 35. A surety must also sign a recognizance form.

A

T

102
Q

Serious criminal offences are classified as ____________________.

A

indictable offences

103
Q
  1. Legislation called the ____________________ classifies and defines various criminal offences.
A

criminal code of canada

104
Q
  1. ____________________ is the province reported to have the highest violent crime rate, although violent crimes in all three territories surpassed all provinces.
A

Saskatchewan

105
Q
  1. 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 ____________________.
A

culpable and nonn culpable

106
Q
  1. Injuring a person in a way that has serious consequences for the victim’s health or comfort describes the offence of ____________________.
A

Assault with a weapon or assault causing bodily harm

107
Q
  1. Anyone who ____________________ or ____________________ or ____________________ a person to commit suicide is guilty of an indictable offence.
A

counsels, aids, abets

108
Q
  1. Two new offences (related to firearms) added to the Criminal Code in 2008 were ____________________ and ____________________.
A

Break and enter to steal a fire arm, robbery to steal a firearm

109
Q
  1. Under the Criminal Code, it is an offence to drive or to have care or ____________________ of a motor vehicle while impaired.
A

control

110
Q
  1. ____________________ is the most commonly reported criminal offence in Canada.
A

theft

111
Q
  1. The Controlled Drugs and Substances Act replaced the ____________________ and those parts of the ____________________ that dealt with controlled and restricted drugs.
A

narcoctics control act, food and drug act

112
Q

____ 26. A summary conviction offence is a less serious crime that carries a relatively light penalty.

A

T

113
Q

____ 27. Judge alone or judge and jury try a summary conviction offence.

A

F

114
Q

____ 28. No criminal record results from a conviction on a summary offence.

A

F

115
Q

____ 29. The appearance of the accused is always required at trial for an indictable offence.

A

T

116
Q

____ 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.

A

T

117
Q

____ 31. Where the accused is charged with a hybrid offence, the Judge decides whether to proceed by way of a summary conviction or indictment.

A

F

118
Q

____ 32. Generally speaking, homicides are committed by someone the victim knows.

A

T

119
Q

____ 33. Crime rates in Canada have decreased since 1992.

A

T

120
Q

____ 34. In jurisdictions that sanction capital punishment, executions are considered a form of non-culpable homicide.

A

T

121
Q

____ 35. Cases of infanticide are common in Canada.

A

F

122
Q

____ 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.

A

F

123
Q

____ 37. To be found guilty of manslaughter, the accused must have been able to foresee that the wrongful act could result in death.

A

F

124
Q

____ 38. An accused can be charged with criminal negligence causing death or manslaughter, but not both for the same offence.

A

T

125
Q

____ 39. All three levels of sexual assault are hybrid offences.

A

F

126
Q

____ 40. Attempted suicide is a crime in Canada.

A

F

lawedddcbc do (10 decks)

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