Law Test #4 Flashcards
What are the three levels of policing? Give an example of each level.
Federal police - RCMP (Royal Canadian Mounted Police)
Provincial police - OPP (Ontario Provincial Police)
Municipal police - CBRMPF (Cape Breton Regional Municipal Police Force)
List the steps of a legal arrest.
- Identify
- Tell the accused they are arrested
- Inform of the reason(s)
- Touch to indicate custody.
List and describe two methods of arrest.
Arrest with a warrant - when a person is suspected of committing a serious indictable offence, the police may ask the judge to issue a summons. The accused is directed to go to the police for fingerprinting.
Arrest without a warrant - reasonable grounds to suspect a person has either committed an indictable offence or is about to commit one, finding a person in the act of committing a criminal offence, finding a person who they believe is named on an arrest warrant.
When can the police search a person? What is the manner in which the search must be done?
The police can search a person under the conditions that the arrest is lawful, the search must be related to the lawful arrest, the manner must be carried out in a reasonable fashion. For instance, searching in privacy by a member of the chosen sex, and if any body cavity are searched it should be by medical personnel.
What is reverse onus? How does it work with respect to a show cause (bail) hearing? Use one example to demonstrate your knowledge.
Reverse onus is when the burden of proof shifts to the defence. One instance where this works in respect to a bail hearing is the case of R. v. Morales. In this scenario, he was alleged to be conspiring with smuggling cocaine while already awaiting trial for assault with a weapon. Therefore, he was denied bail and ordered to be detained until trial. After a few appeals, eventually ruling in favour of the court, a new bail hearing took place with the onus placed on Morales to prove why he should be granted bail.
What does a writ of habeus corpus force the crown to do?
A writ of habeas corpus requires the Crown to produce the accused in court and then justify keeping them in jail until trial.
Define each level of criminal offence and provide an example for each.
Summary - not serious (harassing phone calls)
Indictable - more serious (assault with a weapon)
Hybrid - could go either way (theft under $5000)
List and describe 4 defences for the accused.
Mental disorder - unable to appreciate the nature and quality of the act, incapable of knowing the act was wrong. Unable to form mens rea.
Fitness to stand trial - unable to understand the nature of a trial or instruct a lawyer.
Self defence - the use of reasonable force to defend against an attack.
Automatism - a person acts without being aware of what they’re doing (like sleep walking).
Describe 3 goals of sentencing.
Protect the public - protect people and property
Retribution - avenge the crime to satisfy the public
Deterrence - specifically deters the criminal and generally deters future criminals.
Describe 3 sentences the accused may receive.
Intermittent sentence - jail on weekends, evenings, or weekdays.
Conditional sentence - jail served in the community
Electric monitoring - ankle monitor, tracking where you go
*What is plea bargaining? List 3 advantages and 3 disadvantages of plea bargaining.
Plea bargaining is pleading guilty to a lesser charge for a lighter sentence.
Advantages: saves time and money, family of the victim is spared the trauma of the trial, justice is served.
Disadvantages: the accused gives up their right to a fair trial, often viewed as a compromise, isn’t formally recognized by the justice system.
What is habeus corpus?
If an accused person who has been arrested and denied bail believes that he or she has been illegally detained, that person can file a writ of habeus corpus to appeal the court’s refusal to a higher court.
What is physical evidence?
Objects and impressions
What is chain of custody?
Written record of people who have control over the evidence.
What is an appearance notice?
Issued for less serious offences.
