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OPC > Evidence > Flashcards

Evidence Flashcards

1
Q

Where do police find the requirements to keep notes?
- Legal duty requirement under the PSA
- Local Police Service policies and/or procedures
- Policing Standards Manual 2000, Officer Note Taking, LE-022
- All of the above

A

All of the above

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2
Q

What is the purpose of maintaining good notes?
- To portray a professional image
- To assist in completing thorough, accurate and complete reports
- To refresh your memory of events for investigative and court purposes
- All of the above

A

all of the above

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3
Q

Your notes can speak for you in the event you become disabled or deceased:
- True
- False

A

true

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4
Q

Legible notes reflect your professionalism and allow supervisors to review your notes with ease:
- True
- False

A

false

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5
Q

Collaboration between lawyers and judges is allowed. Police are also allowed to collaborate with other police officers however you must record only what you remember from your own independent recall. The integrity of the investigative process must be beyond reproach:
- True
- False

A

false

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6
Q

Notes are subject to ongoing disclosure but only with respect to major criminal mattes
- True
- False

A

false

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7
Q

Where are the specific rules that govern the use of any type of evidence found?
- The Charter of Rights and Freedoms
- The Canada Evidence Act (C.E.A.)
- The Ontario Evidence Act (O.E.A.)
- All of the above

A

all of the above

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8
Q

Where else can you find specific rules that will assist in the admission of evidence into the court process?
- Case Law
- Common or Traditional Law
- Other Federal and Provincial Statutes
- All of the above

A

all of the above

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9
Q

The Facts in Issue are found in the offence section itself and must include which the following constant information?
- Time and date of the offence
- Identity of the accused
- Place of the offence
- All of the above

A

all of the above

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10
Q

Examples of three types of evidence are:
- Rock, paper, scissors
- Words, get real, hold up note
- Words, certificate of analysis, baseball bat
- Testimony, documentary, verbal

A

Words, certificate of analysis, baseball bat

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11
Q

Who decides the order of testimony during the court process?
- The judge
- The lawyer
- The crown
- The clerk of the court

A

the crown

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12
Q

Who decides on the competency of witnesses during the court proceedings?
- The lawyer who proves the allegation
- The crown who objects to the character of witness
- The jury
- The judge

A

judge

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13
Q

What is circumstantial evidence?
- Evidence that is required by law and must be beyond a reasonable doubt
- Evidence that establishes reasonable grounds
- Evidence you obtain using your senses
- Evidence that infers or suggests that some fact is true from the existence of other proven facts

A

Evidence that infers or suggests that some fact is true from the existence of other proven facts

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14
Q

What must be present in order to have “corroboration” to prove a criminal matter in court?
- Evidence from the main witness
- Evidence that is independent and tends to support another piece of evidence to prove a fact in issue
- Evidence that is required by law
- Evidence that implicates the victim

A

Evidence that is independent and tends to support another piece of evidence to prove a fact in issue

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15
Q

What is the general rule of admissibility of evidence?
- Evidence must be relevant to the matter at issue
- Evidence must be corroborated
- Evidence must be documentary
- Evidence must be real

A
  • Evidence must be relevant to the matter at issue
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16
Q

What kinds of opinion evidence could be provided by a non-expert witness?
- Only civilian witness can provide opinion evidence
- Police cannot give opinion evidence under any circumstances
- General knowledge about height, weight and intoxication is admissible as opinion evidence
- Expert witnesses who can be qualified by the crown can give opinion evidence

A

General knowledge about height, weight and intoxication is admissible as opinion evidence

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17
Q

The accused’s prior bad behaviour does not make him guilty automatically:
- True
- False

A

true

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18
Q

here are four major exclusionary rules that affect admissibility of relevant evidence. Which one of the below noted is not one of these rules?
- Hearsay
- Bad character
- Opinion
- Compellability of a witness

A
  • Compellability of a witness
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19
Q

Bad Character Evidence is part of the motive for the crime which makes it an exception to the Bad Character rule:
- True
- False

A

true

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20
Q

An exception to the Hearsay Evidence rule is a Res Gestae statement:
- True
- False

A

true

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21
Q

Hearsay Evidence is only available to be used in court if it is reliable and not necessary:
- True
- False

A

false

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22
Q

What is an interview?
- A seeking inquiry
- Compelling people to talk to you
- Getting a statement
- A conversation with a purpose that was voluntarily given

A

A conversation with a purpose that was voluntarily given

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23
Q

What are barriers to communication?
- Home environment
- Emotion
- Not listening
- All of the above

A

all of the above

24
Q

What is our mission during an interview of the accused?
- Obtain a statement from accused
- Manipulate the interview process to get a confession
- Obtain an inculpatory statement, which is better than an exculpatory statement
- Establish the truth

A

Establish the truth

25
Q

How do you get a witness to court?
- Summons
- Appearance Notice
- Subpoena
- Arrest Warrant

A

subpoena

26
Q

When you are called to testify in court you must swear to an Oath only:
- True
- False

A

false, can affirm

27
Q

The time of day is an essential element of any criminal code offence and should be included in the charge wording:
- True
- False

A

true

28
Q

If the accused refuses to sign an Appearance Notice, Promise to Appear or Recognizance, an officer should not include the release document in the Crown Brief
- True
- False

A

false

29
Q

A synopsis should never be in the third person Rather you should describe what you did in the course of the investigation of the occurrence:
- True
- False

A

false

30
Q

The Witness List should only contain the names of primary officers (i.e. arresting officer, witness officers) and not secondary officers (i.e. transporting officers):
- True
- False

A

false

31
Q

While involved in an investigation your only detail was to take a statement from a witness at the scene. You had no contact with the accused. Your name does not need to be placed on the Witness List:
- True
- False

A

false

32
Q

It is sufficient to include only the CPIC record check in the Crown brief:
- True
- False

A

false

33
Q

An officer should check an accused on CPIC and through local record checks before a trial. This information should be relayed to the Crown:
- True
- False

A

false

34
Q
  • Civilian witness statements should be recorded in an officer’s notebook and the witness should sign the officer’s notebook:
  • True
  • False
A

false

35
Q

An officer should note on the statement form that the witnesses have reviewed the contents of the statement and acknowledges that the contents are true:
- True
- False

A

true

36
Q

In order to get the best account of what occurred from a civilian witness an officer should hand the statement form and ask the witness to write out what happened:
- True
- False

A

false

37
Q

An officer should leave it to the Crown to edit from his or her notes information related to occurrences unrelated to that which gives rise to the charge in question:
- True
- False

A

false

38
Q

An officer responds to an urgent call that results in an arrest for Impaired Driving within minutes of his or her arrival on scene. It is permissible for the officer to leave a blank space in the notebook to be filled in later with the dispatch information:
- True
- False

A

false

39
Q

You are in the last hour of the last shift of your block of shifts before several days of being off duty. You are dispatched to a call for a minor mischief which results in an arrest and issuance of an Appearance Notice. Little investigative work was involved in this call. Knowing that you are returning to work in four days, it is permissible to prepare your notes upon returning to active duty:
- True
- False

A

false

40
Q

You are two of your platoon mates are dispatched to a disturbance at a bar. When you arrive there, the bar is very busy. The three of you locate the disturbance. You are standing apart from each other. A suspect turns hostile and proceeds to assault one of your fellow officers causing him to go to the ground. The ensuing melee ends in short order as you and the officer who was not assaulted intervene and take the suspect into custody for Assault Peace Officer. After the suspect is lodged you meet with your fellow officers from this call to discuss what each of you saw at the bar. This is a permissible practice:
- True
- False

A

false

41
Q

You are involved in an impaired driving investigation. You have arrested the accused and he is now in the back of your cruiser. You are at the stage of reminding him of the reason for the arrest (s. (a) of the Charter) reading to him his rights to counsel caution and the breath demand. You decide that in order to capture the accused’s responses verbatim you will you use a scratch pad. After turning the accused over to the qualified technician for breath tests you sit down in the report room to do your notes to that point. This includes transcribing the information from the scratch pad notes into your notebook. You discard the scratch pad notes. The scratch pad notes should not be made part of the Crown brief.
- True
- False

A

false

42
Q

An officer’s Will State must duplicate (i.e. essentially be identical) his or her notes in terms of content
- True
- False

A

false

43
Q

What is the most important concept that is documented in Case Preparation?
- Tunnel Vision
- Treating bad people with disdain
- Must make an arrest
- Objectively investigating the complaint

A

Objectively investigating the complaint

44
Q

When must CPIC checks be completed?
- Time of investigation
- Time of preliminary hearing
- Time of trial
- All of the above

A

all of the above

45
Q

When conducting criminal and civil investigations the police must be accountable and transparent in their effort:
- True
- False

A

true

46
Q

A police officer must be fair, equitable and consistent when enforcing the criminal law:
- True
- False

A

true

47
Q

Which of the following must you be aware of while at a crime scene?
- Establish a clearly defined path of contamination
- Limit the personnel on the scene
- Document who touched or moved what to where, how and why
- All of the above

A

all of the above

48
Q

Who are the first people at a crime scene?
- Victim and accused
- Neighbours
- Family members
- Emergency personnel

A
  • Victim and accused
49
Q

At crime scenes, we often establish two distinct perimeters. These perimeters are commonly referred to as:
- Bigger and smaller
- Inner and outer
- Primary and secondary
- Maximum and minimum

A

inner and outer

50
Q

You must be aware that when attending crime scenes, you will contaminate it by leaving trace evidence and removing trace evidence with you. This concept is known as:
- Captain Picard Principle
- The results of the Big Bang theory
- Locard’s Principle
- Principal Jones theory

A

locards principle

51
Q

Respective of a crime scene, the acronym CORE stands for:
- Coordinate, officiate, regulate and evaluate
- Control, obey, registry and evidence
- Control, observe, record and evaluate
- Co-operate, obliterate, reciprocate and exasperate

A
  • Control, observe, record and evaluate
52
Q

What must be your priority when attending a crime scene?
- Officer safety
- Collect evidence
- Securing the perimeter
- Identify evidence

A

officer safety

53
Q

It is important to record on a crime scene registry the names of all persons entering and leaving the crime scene except for:
- There are no exceptions
- The Chief of Police
- The Commissioner of the OPP
- Any police personnel who carry the rank of Staff Inspector or above

A

There are no exceptions

54
Q

When securing a crime scene, the rule is bigger the better:
- True
- False

A

true

55
Q

When protecting the crime scene, you should note everything but touch nothing:
- True
- False

A

true

56
Q

Truly anything could be considered evidence at a crime scene:
- True
- False

A

true

57
Q

The preservation of physical evidence is extremely important and must take precedence over the needs of emergency personnel:
- True
- False

A

false

OPC (8 decks)

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