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law Flashcards

1
Q

What is substantive law?

A

Substantive law outlines your societal rights and responsibilities, showing you what you can and can’t do.

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2
Q

What is procedural law?

A

Procedural law outlines the steps involved in protecting our rights when a substantive law is broken.

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3
Q

What are the three levels of policing in Canada?

A
  • Federal (e.g. RCMP, CSIS)
  • Provincial (e.g. OPP, QPP)
  • Municipal (e.g. VPD, W.Van, Surrey)
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4
Q

How has the profession of being a police officer become more difficult in the past decade?

A
  • New procedural laws can throw out cases due to officer mistakes
  • There are grey areas in police disputes
  • The Charter of Rights and Freedoms grants more rights to accused individuals
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5
Q

In what ways do police use their physical presence positively in communities?

A
  • Deterrence from crime
  • Teaching, volunteering, or coaching to build relationships
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6
Q

What are the levels of the Use of Force Model?

A
  • Presence and Communication
  • Lowest: Aerosol Spray, Impact Weapon, Police Animal, Empty Hand Techniques
  • Intermediate: Conducted Energy Weapon, Less Lethal Shotgun
  • Leading to Lethal Force: Handgun Drawn
  • Highest: Firearm Pointed, Firearm Discharged
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7
Q

What must police officers do to justify their use of force?

A

Police officers must complete paperwork to justify their use of force, classifying it as reasonable or excessive.

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8
Q

What are the three types of arrests?

A
  • Issue an appearance notice
  • Arrest the suspect at the scene
  • Obtain a warrant for arrest
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9
Q

What happens during the process of issuing an appearance notice?

A

It is issued if the accused is not a threat, the officer knows the suspect’s identity, and swears a complaint under oath.

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10
Q

What is a lawful arrest process?

A
  • Notice on arrest
  • Advising the accused of the arrest and offence charged
  • Caution 1: Right to counsel
  • Caution 2: Right to remain silent
  • Physically signifying custody
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11
Q

What are the potential consequences of making a citizen’s arrest?

A
  • Arresting the wrong person
  • Sued for false arrest
  • Charged with assault for excessive force
  • Personal danger
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12
Q

What does Section 8 of the Charter of Rights cover?

A

Search and Seizure, requiring reasonable grounds to search.

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13
Q

What is the significance of the Feeney Warrant?

A

It protects homeowners from illegal searches, requiring police to obtain a warrant before entering property.

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14
Q

List two instances when police don’t need a search warrant.

A
  • Underage illegal activity
  • Searching premises other than a private residence for drugs or alcohol
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15
Q

What is the difference between being detained and being arrested?

A

Detainment has fewer legal rights; arrest grants immediate rights to a lawyer and involves transportation.

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16
Q

What is Full Disclosure in legal terms?

A

The Crown must disclose all relevant evidence against the accused to ensure a fair trial.

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17
Q

What is a Preliminary Hearing?

A

A hearing to determine if the Crown has enough evidence to start a trial against the accused.

18
Q

What is the ‘Plain View Doctrine’?

A

Evidence left out in the open can be used without a warrant.

19
Q

What does Dangerous Offender Status mean?

A

It applies to individuals who pose a significant danger to the public, resulting in an indefinite sentence.

20
Q

What is a plea bargain?

A

A negotiation between the Crown and defense during a trial, involving a guilty plea for a lower sentence.

21
Q

What legal rights are protected under the Charter for adult offenders?

A
  • Right to remain silent
  • Right to know why you are being arrested
  • Right to a lawyer
  • Right to a bail hearing within 24 hours
22
Q

What specific right did Singh argue was violated in R. v. Singh?

A

Singh argued that his right to remain silent was violated during interrogation.

23
Q

What right did Singh argue was violated in R. v. Singh?

A

His right to remain silent

Singh invoked his right to remain silent 18 times during interrogation

24
Q

What was the Supreme Court’s stance on the right to remain silent?

A

Authorities can question an individual despite their right to remain silent

The courts must weigh invoked rights against the interests of prosecution

25
Q

What was the outcome of the Supreme Court’s ruling regarding Singh’s statements?

A

Statements were admitted freely and did not violate Singh’s rights

The case did not clarify if Singh was under duress during interrogation

26
Q

True or False: The Supreme Court minority agreed that Singh’s right to remain silent was violated.

A

True

They believed the police were wrong to continue questioning after he invoked his rights

27
Q

What precedent was set by the Supreme Court’s decision in R. v. Singh?

A

Increased police powers regarding the accused’s right to silence

This may lead to potential rights violations if statements are given under duress

28
Q

Why did the RCMP not obtain a search warrant before searching Feeney’s home?

A

To solve the case quickly

The search was ruled legal due to incriminating evidence found at the scene

29
Q

What was the result of Feeney’s appeal to the Supreme Court?

A

A new trial was ordered due to illegal search

Evidence collected without a warrant was ruled inadmissible

30
Q

What evidence did the RCMP obtain for Feeney’s second trial?

A

Cross-referenced fingerprints from a break and enter charge

This led to an upheld conviction

31
Q

How does section 8 of the Charter protect privacy?

A

Requires a warrant for searches to be admissible in court

Introduced the concept of ‘Feeney Warrant’ for home searches

32
Q

What issue arises with police lineups according to Ivan Henry’s case?

A

They can be biased and lead to unfair convictions

Examples include police being included in the lineup and skewed participant selection

33
Q

What was the outcome of Karla Homolka’s plea bargain?

A

She received 12 + 2 years in prison

This was in exchange for testifying against Paul Bernardo

34
Q

What critical evidence linked Paul Bernardo to the Scarborough Rapist?

A

A DNA sample matched that of the Scarborough Rapist

This prompted 24-hour surveillance by police

35
Q

Who acted as the principal actor in the crimes committed by Bernardo and Homolka?

A

Paul Bernardo

He was the primary perpetrator of the assaults and rapes

36
Q

What defense did Homolka’s lawyers use during her trial?

A

Battered spouse syndrome

This was to mitigate her sentencing

37
Q

What was the purpose of the publication ban in Karla Homolka’s first trial?

A

To avoid prejudicing the public against Bernardo

Advocates argued it was necessary for Bernardo’s right to a fair trial

38
Q

What was the final outcome for Paul Bernardo after the trial?

A

Convicted on nine counts of murder and sentenced to 25 years

Bernardo is unlikely to be granted parole due to dangerous offender status

39
Q

True or False: Karla Homolka displayed remorse during police interrogations.

A

False

Her lack of remorse raised suspicion about her claims of victimhood

40
Q

What was the role of the tapes discovered in the Homolka and Bernardo case?

A

They provided crucial evidence linking Bernardo to the crimes

The tapes were hidden in the couple’s home during the investigation

41
Q

What concerns arose regarding the psychiatric testimony in Homolka’s trial?

A

Claims of battered spouse syndrome were not fully proven

Expert witnesses had differing opinions on her mental state

42
Q

Fill in the blank: The Supreme Court set a precedent that evidence discovered without a _______ would be ruled inadmissible in court.

A

warrant

Law sexy boys (2 decks)

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