Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Penal matters exam 2 > Exam 2 > Flashcards

Exam 2 Flashcards

1
Q

Five levels of belief***

A

1) Arbitrary
2) Mere suspicion
3) Reasonable suspicion to detain
4) Reasonable grounds
5) Find committing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Three categories of evidence for reasonable grounds

A

1) Statement by at least one credible eyewitness (written or verbal)
2) Confession by the offender to anyone (citizen or police officer)
3) Circumstantial evidence that leads to only one logical conclusion

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What does arbitrary means?

A
  • No justifiable reason at all to connect a person to an offence/no belief
  • No evidence that an actual offense has taken place
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is mere suspicion?

A

A hunch, meaning an opinion or theory based on intuition and experience only, or unsubstantiated speculation, conjecture, rumour, or gossip. NEED ONLY ONE LOGICAL CONCLUSION to be reasonable grounds. Here, it’s weak circumstantial evidence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is the definition of reasonable suspicion to detain?**

A

A constellation of objectively discernable facts which give the detaining officer reasonable cause to suspect that the detainee is criminally implicated in the activity under investigation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

On what is based ‘‘reasonable suspicion to detain’’?

A

It is based on concrete circumstantial evidence concerning a crime in process

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the definition of reasonable grounds?**

A

A set of facts or circumstances which would cause a person of ordinary and prudent judgment to believe beyond mere suspicion.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is an arrest?**

A
  • Formal actual restraint of a person’s liberty without their consent
  • Formal physical custody of a person with the intent to detain
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Two elements in an arrest

A

1) Physical custody

2) The officer’s intention to detain

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is detention? (3)**

A

1) Deprivation of liberty by physical constraint
2) The assuming of control over the movement of a person by demand or direction of a police officer
3) Psychological compulsion existing within a person in the form of a perception that his or her freedom has been taken removed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is the common denominator of arrest and detention?

A

Both arrest and detention involve taking custody.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Two levels of detention

A

1) Investigative detention: a brief removal of freedom for investigative purposes (involves significant psychological restraint) without consent, and without actually making an arrest
2) Brief detention: A non-investigative detention for the specific purposes of identification

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is the difference between investigative detention and brief detention?

A

Purpose, duration and extent of restraint.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is voluntary accompaniment ?

A

Same as consent - opposite as custody.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Where can the breach of peace occur?

A

Anywhere

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

For breach of peace, the police officer can arrest without a warrant if the following two conditions exist:

A

1) The officer has personally witnessed the breach of peace
2) After personally witnessing the breach of peace, the officer may arrest anyone:
* who is found committing the breach of peace
* who is about to join the breach of peace
* who is about to renew the breach of the peace

17
Q

What is a breach of peace?

A

the violation of the peace, quiet and security to which one is legally entitled

18
Q

Citizen’s power of arrest:

FIND COMMITTING (4 éléments)

A
  • Needs to see the entire offense occur
  • Apprehension must be immediate and can occur anywhere
  • NO reasonable grounds
  • Summary conviction offense are not covered by this authority
19
Q

Citizen’s power of arrest:

PROPERTY OWNER FINDS COMMITTING (5 éléments)

A
  • Owner of the property
  • In lawful possession of the property
  • Person authorized by the owner
  • Summary convictions are included only for this authority.
  • NO REASONABLE GROUNDS
20
Q

Citizen’s power of arrest:

ESCAPING CUSTODY

A
  • Permits the citizen, without having seen an offence to occur, to help another person apprehend a fleeing offender.
21
Q

A search in Canadian Law fall into three categories:

A
  • Consent
  • Search with a warrant
  • Search without a warrant
22
Q

What is the search incident to arrest?

A

It is the search of the person and the surroundings.

23
Q

What are the three reasons the authority allows an automatic full search of a lawfully arrested person?

A

1) Secure evidence
2) Items capable of causing injury to any person, including the accused
3) Any items that can facilitate escape

24
Q

Limits have been imposed on the authority ‘‘search incident to arrest’’. What are they? **

A

1) The arrest must be lawful
2) The search must be conducted ‘‘incident to’’ to lawful arrest (time and proximity)
3) The manner of the search must be reasonable

25
Q

What are the 7 major elements in terms of consent?**

A

1) Consent must be expressed or implied
2) Consent must be voluntary
3) The accuse must be aware of the specific act to be conducted
4) The accused must be aware of the potential consequences of giving consent
5) The accused must have knowledge that the consent may be refused
6) The accused must have knowledge that the consent may be revoked at any time after consent is initially given.
7) You must prove that the accused gave his consent and did not revoke during the time of the search

26
Q

Definition of dwelling-house

A

The whole or any part of a building or structure that is kept or occupied as a permanent or temporary residence.

27
Q

Two significant relues restrictions on the Feeney laws:

A

1) Only apply to dwelling-house, not to any other place that is not a private residence
2) 2) Feeney warrants apply only when:
- There are reasonable grounds to believe that an indictable offense was committed by a specific offender;
- There are reasonable grounds to believe that the offender is in a specific residence.

28
Q

What is a hot pursuit***

A

Continuous pursuit conducted with reasonable diligence, as that pursuit and capture along with the commission of the offence may be considered as forming part of a single transaction.

29
Q

A Feeney warrant must convey five things***

A

1) Name of the accused
2) Address or description that specifies the house
3) The authority to enter the house without consent
4) The purpose of the entry
5) Reasonable terms and conditions, in accordance to section 529

30
Q

What are the ground rules on searching a vehicle. The reasonableness of a vehicle search depends on:

A
  • The basis for the search
  • Location of the vehicle in relation to the arrest
  • Other relevant circumstances, such as time interval between arrest and search

Penal matters exam 2 (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions