Exam Review Flashcards
Explain the difference between Criminal & Civil Burden of Proof
Civil= based on the balance of probabilities
Criminal- Relies on beyond a Reasonable doubt
Describe the difference between Statutory Law & Common Law
Statutory is written law
Common Law is judge made law + case precedent law
Define Law
A written custom establishment by a formally recognized governing body with authority and there are sanctions against non-compliance
Describe Summary Offence
Less serious
Max 6 months imprisonment and / or $5000 fine
Trial in Provincial Court
Describe Indictable Offence
More serious
Max sentences are specified
Accused elects to be tried by Provincial Court Judge, QB Judge or QB Judge with Jury
Describe Hybrid Offence
Most offences fall under this category
Crown elects how to proceed in particular case
Where does your authority come from?
Peace Officer Act & Reg Judicature Act Criminal Code Policy & Procedure Gaming & Liquor Act Trespass to Premise Act Crown Property Reg Common Law
Describe what reasonable expectation of privacy is
Right to be free from examination by the state is subject to constitutionally permissible limitations
Common Law powers to search:
Search incident to lawful arrest
Plain view
Consent search
Identify statutory law powers to search
S. 51 judicature Act
Policy
Search Warrant
Three Privacy interests
Personal Privacy
- bodily fluids/ DNA
Territorial Privacy
- home/ hotel room/ surrounding area
Information Privacy
- personal Info/ Bank/ House/ Medical/ Legal
Define Warrant
Are legal documents that give us the legal authority to transport prisoners
Define a Young Person
Person who appears to be 12 years old or older, but less than 18 years
Principles of the YCJA
Rehabilitation
Accountability consistent to the youth with a reduced level of maturity
Enhanced procedural protection
Why would a YP serve as an adult?
20+ Years when sentenced they WILL serve in an adult facility
Or when they reach 20 years old they SHALL be transferred to an adult prison if already serving
What is meant by “Duty to Act”
It may be the duty arising by virtue of either statute or common law
Explain the powers of arrest as they pertain to POPA
Determined by the RICES requirements however you must witness the person committing the Provincial or Municipal offence
Define Evidence
Facts or physical signs that help to prove something
Explain the 3 forms of evidence
Oral
Documentary
Physical
Identify the two components of an admissible witness
Competence
(Who can testify)
Compellability
(Who can be forced to testify)
4 evidentiary issues
Direct Evidence
Circumstantial Evidence
Admissions & Confessions
Hearsay Evidence
5 Steps in Securing a Crime Scene
Close off Area
Identify potential witnesses
Contact appropriate supervisors & authority
Document everything relevant to the scene
Maintain integrity of the scene
Describe the differences between Specific Intent & General Intent Offences
Specific intent offences with intent to or for the purpose of must intend the act and must commit the act for a specific purpose
General intent offences must only intend the act
(I meant to hurt not kill)
Define included Offence
An offence in which all of the elements of that offence are contained in another offence that has been charged
(Assault a PO includes assault)
