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OPC > Evidence > Flashcards

Evidence Flashcards

1
Q

Role of Police

A

P - preserve
I - Identify
C - Collect
T - Tender

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2
Q

Duty Requirements

A
  • Investigate crimes
  • apprehend criminals
  • participate in prosecutions
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3
Q

Principles of best evidence

A

if original evidence not possible, then photos, transcripts, medical reports

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4
Q

Disclosure

A

need to provide all evidence as disclosure, still need to disclose if not clearly relevant and/ or may assist the defendant

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5
Q

Consequences of non-disclosure

A

adjournment, stay of proceedings

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6
Q

Documentary Evidence

A

documents that help support the facts in issue eg bank records, autopsy report

doesn’t include police notes or records

third party records: records a person has reasonable expectation of provacy

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7
Q

Corroboration Evidence

A

independent evidence that tends to support another piece of evidence

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8
Q

Circumstantial Evidence

A

infers or suggests that some fact os true from the existence of another proven fact

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9
Q

Presumption of Fact

A

a logical conclusion which may be drawn from circumstantial evidence, based on reason and common sense

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10
Q

Presumption of Law

A

Set out & located in the statute.
Can be rebuttable or irrebuttable

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11
Q

Legal Justification or Excuse

A

a sufficient or acceptable excuse or explanation made in court that justifies an otherwise illegal act

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12
Q

Lost evidence

A

may result in a stay of proceedings

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13
Q

Expert Evidence

A

An expert is someone with special knowledge and experience that is outside the knowledge of the tier of fact

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14
Q

Why do we interview?

A
  1. Obtain information
  2. Obtain evidence
  3. Human intelligence source is still the best source of info
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15
Q

Stages of interviews

A
  1. preparation
  2. interview
  3. self-evaluation
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16
Q

How do you prepare for an interview?

A
  • case facts
  • know your interviewee
  • location and setting
  • allow sufficient time
  • investigative aids
17
Q

How do you commence an interview?

A
  • introduction and personal data questions
  • develop rapport
  • allow the interviewee to give their version without being led or interrupted
18
Q

Types of questions

A
  • Open ended
  • Closed Ended/ direct
  • probing questions
  • leading questions
  • loaded questions
19
Q

Types of open ended questions

A

T - tell
E - explain
D - describe

20
Q

what are loaded questions?

A

inference of guilt built in, will destroy all rapport

21
Q

what are leading questions?

A

contaminates the interviewee’s response

22
Q

what are probing questions?

A

more intrusive, 5W + 1H

23
Q

Pure Version Statements

A

a verbatim record of what’s being said by the interviewee, let them decide where to begin/ end, allows for veracity assessment later
need to give them an opportunity to add, change or delete
after can ask more questions

24
Q

In order for a statement from a suspect or accused to be entered into evidence: (R.v. Oickle)

A
  • can’t use trickery
  • they have to have an operating mind
  • cna’t use improper inducements
  • can’t use oppressive circumstances
25
Q

what did R. v. Sinclair do?

A

right to have lawyer present during an interview, make sure they were satisfied with speaking with their lawyer

26
Q

What did R. v. Singh do?

A

police must use legitimate means of persuasion, they have every right to remain silent

27
Q

Suspect or accused statements

A
  • must be voluntary
  • inculpatory: incriminating
  • exculpitory: alibi
28
Q

Who gets a copy of disclosure?

A
  1. police
  2. crown
  3. defence (vetted of privileged information)
29
Q

What is included in the crown brief?

A
  1. information
  2. release documents
  3. witness list
  4. synopsis
  5. accused background
  6. arrest report
  7. civilian statements
  8. officer notes
  9. documentary evidence
30
Q

What does CORE mean?

A

C- control
O - observe
R - record
E- evacuate

31
Q

Whats sets the outcome for the entire investigation

A

At a major crime scene, the first officer will, by his or her actions, set the tone for the outcome of the entire investigation.

32
Q

What is Locard’s Exchange Principle?

A

Any time there is contact with a scene or item, there is a two way transfer between the person entering the scene or handling the item (every contact leaves a trace and takes a trace with it)

33
Q

What are the three ways to establish death by anyone?

A
  1. decapitation
  2. transection
  3. decomposition
34
Q

What is the coroner’s act of Ontario?

A

if anyone has reason to believe a person is deceased, must call a coroner or p.o. immediately (and p.o. shall call coroner immediately)
- can’t interfere with the body or its conditions
- coroner shall investigate further if suspicious

OPC (6 decks)

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