law Flashcards
What is substantive law?
Substantive law outlines your societal rights and responsibilities, showing you what you can and can’t do.
What is procedural law?
Procedural law outlines the steps involved in protecting our rights when a substantive law is broken.
What are the three levels of policing in Canada?
- Federal (e.g. RCMP, CSIS)
- Provincial (e.g. OPP, QPP)
- Municipal (e.g. VPD, W.Van, Surrey)
How has the profession of being a police officer become more difficult in the past decade?
- 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
In what ways do police use their physical presence positively in communities?
- Deterrence from crime
- Teaching, volunteering, or coaching to build relationships
What are the levels of the Use of Force Model?
- 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
What must police officers do to justify their use of force?
Police officers must complete paperwork to justify their use of force, classifying it as reasonable or excessive.
What are the three types of arrests?
- Issue an appearance notice
- Arrest the suspect at the scene
- Obtain a warrant for arrest
What happens during the process of issuing an appearance notice?
It is issued if the accused is not a threat, the officer knows the suspect’s identity, and swears a complaint under oath.
What is a lawful arrest process?
- 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
What are the potential consequences of making a citizen’s arrest?
- Arresting the wrong person
- Sued for false arrest
- Charged with assault for excessive force
- Personal danger
What does Section 8 of the Charter of Rights cover?
Search and Seizure, requiring reasonable grounds to search.
What is the significance of the Feeney Warrant?
It protects homeowners from illegal searches, requiring police to obtain a warrant before entering property.
List two instances when police don’t need a search warrant.
- Underage illegal activity
- Searching premises other than a private residence for drugs or alcohol
What is the difference between being detained and being arrested?
Detainment has fewer legal rights; arrest grants immediate rights to a lawyer and involves transportation.
What is Full Disclosure in legal terms?
The Crown must disclose all relevant evidence against the accused to ensure a fair trial.
What is a Preliminary Hearing?
A hearing to determine if the Crown has enough evidence to start a trial against the accused.
What is the ‘Plain View Doctrine’?
Evidence left out in the open can be used without a warrant.
What does Dangerous Offender Status mean?
It applies to individuals who pose a significant danger to the public, resulting in an indefinite sentence.
What is a plea bargain?
A negotiation between the Crown and defense during a trial, involving a guilty plea for a lower sentence.
What legal rights are protected under the Charter for adult offenders?
- Right to remain silent
- Right to know why you are being arrested
- Right to a lawyer
- Right to a bail hearing within 24 hours
What specific right did Singh argue was violated in R. v. Singh?
Singh argued that his right to remain silent was violated during interrogation.
What right did Singh argue was violated in R. v. Singh?
His right to remain silent
Singh invoked his right to remain silent 18 times during interrogation
What was the Supreme Court’s stance on the right to remain silent?
Authorities can question an individual despite their right to remain silent
The courts must weigh invoked rights against the interests of prosecution
What was the outcome of the Supreme Court’s ruling regarding Singh’s statements?
Statements were admitted freely and did not violate Singh’s rights
The case did not clarify if Singh was under duress during interrogation
True or False: The Supreme Court minority agreed that Singh’s right to remain silent was violated.
True
They believed the police were wrong to continue questioning after he invoked his rights
What precedent was set by the Supreme Court’s decision in R. v. Singh?
Increased police powers regarding the accused’s right to silence
This may lead to potential rights violations if statements are given under duress
Why did the RCMP not obtain a search warrant before searching Feeney’s home?
To solve the case quickly
The search was ruled legal due to incriminating evidence found at the scene
What was the result of Feeney’s appeal to the Supreme Court?
A new trial was ordered due to illegal search
Evidence collected without a warrant was ruled inadmissible
What evidence did the RCMP obtain for Feeney’s second trial?
Cross-referenced fingerprints from a break and enter charge
This led to an upheld conviction
How does section 8 of the Charter protect privacy?
Requires a warrant for searches to be admissible in court
Introduced the concept of ‘Feeney Warrant’ for home searches
What issue arises with police lineups according to Ivan Henry’s case?
They can be biased and lead to unfair convictions
Examples include police being included in the lineup and skewed participant selection
What was the outcome of Karla Homolka’s plea bargain?
She received 12 + 2 years in prison
This was in exchange for testifying against Paul Bernardo
What critical evidence linked Paul Bernardo to the Scarborough Rapist?
A DNA sample matched that of the Scarborough Rapist
This prompted 24-hour surveillance by police
Who acted as the principal actor in the crimes committed by Bernardo and Homolka?
Paul Bernardo
He was the primary perpetrator of the assaults and rapes
What defense did Homolka’s lawyers use during her trial?
Battered spouse syndrome
This was to mitigate her sentencing
What was the purpose of the publication ban in Karla Homolka’s first trial?
To avoid prejudicing the public against Bernardo
Advocates argued it was necessary for Bernardo’s right to a fair trial
What was the final outcome for Paul Bernardo after the trial?
Convicted on nine counts of murder and sentenced to 25 years
Bernardo is unlikely to be granted parole due to dangerous offender status
True or False: Karla Homolka displayed remorse during police interrogations.
False
Her lack of remorse raised suspicion about her claims of victimhood
What was the role of the tapes discovered in the Homolka and Bernardo case?
They provided crucial evidence linking Bernardo to the crimes
The tapes were hidden in the couple’s home during the investigation
What concerns arose regarding the psychiatric testimony in Homolka’s trial?
Claims of battered spouse syndrome were not fully proven
Expert witnesses had differing opinions on her mental state
Fill in the blank: The Supreme Court set a precedent that evidence discovered without a _______ would be ruled inadmissible in court.
warrant
