Definitions - Chapter 10

Question 1

Exigent Circumstances

Answer 1

Situations that allow for a search/and or seizure without a warrant if there is a danger that the evidence will be lost, removed, or destroyed.

Question 2

Plain View Doctrine

Answer 2

A doctrine that states that the police must have reasonable and probable grounds for conducting a search, such as seeing drugs, alcohol, or weapons in plain view.

Question 3

Promise to Appear

Answer 3

A judicial release procedure allowing an accused to sign a document guaranteeing he or she will show up in court.

Question 4

Recognizance

Answer 4

A judicial release procedure allowing an accused to make a written promise to appear in court or pay a sum of money for failing to do so.

Question 5

Surety

Answer 5

An individual who takes the responsibility for ensuring that an accused appears in court and who agrees to pay a sum of money should the accused fail to do so.

Question 6

Undertaking

Answer 6

A judicial release procedure allowing an accused to be released from custody as long as he or she agrees to abide by specified conditions (e.g. not contacting certain people).

Question 7

Disclosure

Answer 7

A requirement that all relevant information be made available (e.g. the Crown must provide the defense with all case-related information.)

Question 8

Stay of Proceedings

Answer 8

A judicial remedy used by the courts to stop the action against an accused if the continuance of the action would be considered prejudicial to the accused.

Question 9

Challenge for Cause

Answer 9

An objection made by a Crown or defense lawyer to remove a prospective juror from consideration because of his or her bias or knowledge about the facts of a case.

Question 10

Peremptory Challenge

Answer 10

An objection made by a Crown or defense lawyer to remove a prospective juror without a specific reason being given.

Question 11

Victim Impact Statement

Answer 11

A declaration made by the victim or the victim’s family detailing the harm done to them and the effect of the crime on their life.

Question 12

Voir Dire

Answer 12

The exclusion of the jury from the courtroom while the admissibility of evidence is discussed; often referred to as a “trial within a trial.”

Question 13

Direct Evidence

Answer 13

Witness testimony that is used to verify a fact (e.g. a statement heard by th witness, what the witness actually saw).

Question 14

Circumstantial Evidence

Answer 14

Indirect evidence that allows an inference to be made about the guilt of the accused (e.g. something belonging to an accused at the crime scene).